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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48712
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I work for a compnay on a zero hour casual contract

Resolved Question:

Hi,

I work for a compnay on a zero hour casual contract and generally do about 8 hours a week ( 2 x half days). They state I have to have a break in service of about 4 weeks in this instance, this apparently is so I am not entitled to permananet employee benefits. There is nothing in my contract about break in service or anything similiar. Are they correct /, if not what can I do about this.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. how long have you worked there?

Customer:

Since 2009

Ben Jones :

So do you mean that they are now trying to enforce a break of 4 weeks?

Customer:

Basically yes

Ben Jones :

Do you know what benefits they are referring to?

Customer:

I believe they are referring to sick pay, materntity etc., they are not being very clear, just keep saying the break is so that I am not treated as a permanent employee.

Ben Jones :

You are not employed on a fixed term contract are you?

Customer:

No I am not, it is a Casual Customer Advisor contract

Ben Jones :

ok let me get my response ready please

Customer:

Ok

Ben Jones :

I am not sure what the reasoning behind this is but the employer may be getting confused a little bit here. The only regulations that may be relevant are to do with fixed term contract employees, who after 4 years on successive contracts will automatically become permanent employees. But as a zero hours employee you have the rights of employees from day one of your employment and that includes sick pay, maternity pay, holidays and so on (some still subject to minimum service but not that long).


 


Whilst they can try and impose a break in service, that would amount to a dismissal in law and as you are protected against unfair dismissal you can expect them to show that this was done for a fair reason and by following a fair procedure. Dismissal to ‘try and avoid you gaining permanent employee rights’ would not really be considered a fair reason so if they try and force this break through, the likelihood is that the dismissal would be unfair. You can challenge them on this point and remind them that regardless of whether you have the break or not, you have employee rights already.

Customer:

Thanks for this, it sort confirms what I have already found, i.e. that enforced breaks of service don't actually exist and could be consider as dismissal.

Customer:

Many thanks, XXXXX XXXXX me enough to challenge them, Regards

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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