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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44962
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am training as a nursery assistant and am supposed to

Customer Question

Hi. I am training as a nursery assistant and am supposed to work 20 hours per week for the training to be valid. I haev a zero hours contract stating that i am basically entitled to nothing. However, i have given them three weeks notice, that i will be changing my days from Wednesday and Friday to Wednesday and Thursday ,beginning week commencing 15th June. I told them i am taking a second job to help secure a mortage. The boss wants me to honour my shifts, this means that out of eleven booked in June, i won't be working the final three of them. It has to preferable to her despite my valid reason. Surely three weeks notice of my intention, on a contract which gives me nothing is both considerate and respectful? They would have to cover me if i was ill therefore i can't understand why there is such as issue? They have plenty of time, and i am not expecting them to give me anything extra in return, so as not to add pressure on the rota.

Does working on a regular basis mean i am entitled to anything contary to the zero hours contract?

Any advice would be appreciated. My boss tends to shout and make life hell if you go against her, and no doubt this is coming tomorrow. Many Thanks, Jane.

Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.

My contract began April last year. However the training began in August. It is was a requirement of the training provider that i should work for 20 hours per week.

The deputy manager has been recorded by my assessor as saying that the hours will be available. However this is not reflected in my contract and my assessor is concerned about this as i am due to complete my training in August.

I am also considered bank staff, and my first contract was issued February 2015.

Customer: replied 1 year ago.

My contract began April last year. However the training began in August. It is was a requirement of the training provider that i should work for 20 hours per week.


The deputy manager has been recorded by my assessor as saying that the hours will be available. However this is not reflected in my contract and my assessor is concerned about this as i am due to complete my training in August.




I am also considered bank staff, and my first contract was issued February 2015.

Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
Does your contract say anything about you being able to change your booked shifts?
Customer: replied 1 year ago.

No.Nothing.

It is a basic zero hours contract. It states Commencement of role, and as a bank staff employee, The agreement forms part of a contiuous period of employment which began April 2014. Salary paid monthly, Bonus at the discretion of the employer, Hours of employment, as bank staff my normal hours of employment are zero hours and will be by mutal agreement to meet the requirements of their business, Holiday and sickness, as bank staff i am entitled to nothing, Refer to staff handbobk, which contains nothing about bank staff and shifts, notices should be written, severability, entire agreement between parties which supersedes all previous oral or written arrangments and understandings and may not be varied,(but clearly, i am being looked at as an EMPLOYEE, who works weekly but without the rights of my coleagues. Also Governing law, construed in accordance with laws of England and Wales. Thats it.

Expert:  Ben Jones replied 1 year ago.
Thank you. The issue with zero hours contracts is that they are more in favour of the employer than the employee. As you may know there is a lot of talk about trying to remove them but at present they are still legal and enforceable. In summary you have no right to any minimum hours of work but once you have been given the hours and accepted them then you will be bound by them. So if you have been given the hours to work but you are not able to work them then the employer could argue that you have been unavailable for work and take action, such as discipline you. You may have given them notice but there is nothing in law which states that if you give them notice you are in the clear.
The further issue you face is that until you have 2 years’ service you are not protected against unfair dismissal. This means that if they wanted to they could dismiss you because of this without you being able to challenge it. I know it appears unfair but it is allowed. Obviously I cannot say whether they would go as far as dismissal but bear that in mind as it is an option. So if they believe that you have acted unreasonably here and they want to remove you as a result they can do so. I would hope it does not come to that though and you are just told off or maybe issued with a warning.
You have not worked these hours for long enough or consistently enough to be able to claim any rights over them and you are still going to be adversely affected by the lack of unfair dismissal protection. So it is best to try and agree something with the employer but they can still take action against you in the circumstances, even if you have given the notice.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

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