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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My partners son is employed on a zero hours contract. He has

Resolved Question:

My partners son is employed on a zero hours contract. He has been employed by the same company for five (5) years. He has learning difficulties and we believe he is being taken advantage of. He was called at 21:15hrs on Tuesday evening and asked to work the following day, Wednesday for twelve (12) hours.
Earlier this year he applied for a permanent position within the establishment but 'lost out' to another candidate who had been employed by the company for less than three (3) months. The other candidate did not have any relevant experience whereas my partners son has.
Can you advise please.
Thank you
David Moss
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 11 months ago.
What are you hoping to achieve
Customer: replied 11 months ago.
I would like to be able to assist my partners son in getting a fulltime contract with the company
Customer: replied 11 months ago.
I do not wish to 'call you' since this will involve extra costs on top of the amount I am prepared to pay. If you are unable or unwilling to continue then please state that as a fact.
Expert:  Ben Jones replied 11 months ago.
Not sure why you think I do not want to continue. Do you think his medical conditions were the reason for this?
Customer: replied 11 months ago.
I believe his condition is and was the reason he didn't get the position he applied for.
Customer: replied 11 months ago.
He suffers a minor condition within the Autistic range of conditions.
Expert:  Ben Jones replied 11 months ago.
Ok thanks leave it with me please I will respond fully on here this afternoon
Customer: replied 11 months ago.
Thank you.
Expert:  Ben Jones replied 11 months ago.
Many thanks for your patience. As a starting point, employers have the right to choose who they employ and can make such decisions based on a wide range of factors. There could be a number of reasons why one candidate is chosen in preference to others or why someone is not given a job, even if they are generally considered to be the best candidate. It is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to come to that decision. The only requirement in law is that the employer’s decision is not based on discriminatory grounds. That means that it should not base its decision on factors relating to gender, race, religion, age, disability, sexual orientation, etc. If its decision is based on any of these, there will be a potential case of discrimination and the affected person can potentially take this further. So the key here is whether he has a disability in law and if this was the reason he was rejected for the full time position. If that was the case, he would be able to claim disability discrimination against the employer and take this further. This is your basic legal position. I have more detailed advice for you in terms of the law on disability and how to establish if he is disabled as well as the steps he can take to challenge this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you for what you've produced so far.
In employment law, is there a set period when an employer should offer a non-zero hours contract.
Expert:  Ben Jones replied 11 months ago.
In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’. The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”. I will break this definition down:Physical or mental impairment – this can include nearly any medical condition;Substantial effect – the effect must be more than minor or trivial;Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.) If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. If you believe this was the reason for not offering him the job then you can take this further. This is done by raising a grievance with the employer first, before contacting ACAS and initiating the early conciliation process with them, which if unsuccessful would allow him to make an employment tribunal claim. As to offering a non zero hours contact, there is no law on that at present, it can be for as long as necessary.

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