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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48204
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently did some work employer outside of work hours

Customer Question

I recently did some work for an employer outside of work hours and in a different role. A dispute has come up rearding the cost of the work. The employer has stopped any hours due to me until the matter has been resolved. I did not do the work for him as an employee. Can he do this? Is this intellectual interference?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Does this fall within overtime?
Customer: replied 1 year ago.
Nope it was a competely seprate matter. The only connection is that he is a director of the company I do some part time work for.
Customer: replied 1 year ago.
I was laying wooden floor for him for cash. And he disputed the cost. After I told him i would finish the job once we agreed on the cost, he then told me he instructed the other director in the company to suspend any offers of shifts. The work i do in the employee role is leasure centre work. So completely different.
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. Can you please let me know how long you have worked there for and if you have a cntract which guarantees your hours in your normal job with this employer?
Customer: replied 1 year ago.
I worked there for over 2.5 years. And its a zero hour contract as far as im aware.
Expert:  Ben Jones replied 1 year ago.
Thank you. The main issue here is the contract under which you are employed, specifically that it is a zero hours contract. Under law, the employer is not obliged to offer you any hours under it. You have no guaranteed hours of work so cannot tell them that they are legally obliged to provide you with any work. I understand that the reasons behind their decision are based on matters unrelated to your main job, but that does not mean they cannot use them in their decision. They can use whatever reasons they want as long as they are not discriminatory in nature and that is limited to things linked to age, gender, race, religion, disability, etc. In the circumstances I see no discriminatory reasons so their decision will not be unlawful even if it could be morally wrong. However, a moral argument is not something you can challenge and you can only challenge it if it is based on unlawful grounds of discrimination, which as mentioned do not apply here. Had you been employed under a ‘normal’ contract which guaranteed you a number of hours every week and they then refused to provide these, they would have been acting in potential breach of contract but under a zero hours contract they are under no legal obligation to provide you with any work. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
Thanks Ben. I kinda thought that myself. If I was to be given a P45 and fired because of it would it change matters?
Expert:  Ben Jones replied 1 year ago.
Sorry I don't understand what you mean?
Customer: replied 1 year ago.
Sorry I ment if I was fired over the same situation? Would this be unfair?
Expert:  Ben Jones replied 1 year ago.
I see, yes that would be slightly different because with over 2 years' service you are protected against unfair dismissal. This means that to fairly dismiss you your employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. In the circumstances it may be difficult so could be challenged. Hope this clarifies?
Customer: replied 1 year ago.
Ben Thank you again. I hope you dont mind. But i have one last question. If I wasnt able to take up any shifts due to the situation. Would I after 4 months be able to request redundacy?
Expert:  Ben Jones replied 1 year ago.
Sadly not because this is not a redundancy situation and not being given shifts under a zero hours contract would not result in a redundancy
Customer: replied 1 year ago.
Okay Thank you Ben you have been very helpful. I am trying to resolve the situation and wanted to know my full rights. I had been keeping the cost issue seprate but he brought the cut hours into it. Moraly im winning i guess. Any other advice you could give me to help be fantastic. I will be given you a top mark anyways.
Expert:  Ben Jones replied 1 year ago.
You have the right to raise a formal grievance over this (a formal complaint with the employer) and ask them to reconsider their position, but also remember that a moral high ground does not really give you many employment rights, just the right to raise this as a complaint and negotiate with the employer
Customer: replied 1 year ago.
Oh okay? And how would that work? Who do I issue it too and what could the outcome be?
Expert:  Ben Jones replied 1 year ago.
Details here: https://www.gov.uk/raise-grievance-at-work/overview The outcome could be no action or some sort of amicable resolution such as still giving you hours and ignoring the issue
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Okay thanks very much ben.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best