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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 71382
Experience:  Qualified Employment Solicitor
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On 1st November 2020, my wife's employer issued a new Zero

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On 1st November 2020, my wife's employer issued a new Zero Hours Contract. Now they are DEMANDING that she HAS to work specific days. She has already told them I cannot work the days offered. She thought these contracts were flexible for both parties and if she didn't want to work the days offered, then she was OK to do so. Please advise.
JA: Has your wife discussed the zero hours contract issue with a manager or HR? Or with a lawyer?
Customer: She has spoken with her manager and they are saying they have consulted a Scottish lawyer and she has to work. Looking at Government documents it clearly says the employee doesn't have to work and days offered.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: They are a dentist and employees do not normally are members of a union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that is all, thanks.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. How long has your wife worked for this employer, all in all? and if possible, please upload a copy of her new contract on here?

Customer: replied 19 days ago.
Can I email a scanned copy?
Customer: replied 19 days ago.
She started in feb 2019
Customer: replied 19 days ago.
Copy of contract attached.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues she has experienced in her situation.

You are correct that the nature of a ZHC is that the employer has no obligation to offer any work to the worker and in turn they are not obliged to accept any that is offered. It is entirely possible for the employer to offer her specific days of work as part of the ZHC arrangement, but at the same time she can refuse the ones that do not suit her.

Obviously, if the employer is not getting the amount of work they expect from her they can stop giving her any hours or even terminate the contract but she should not feel forced to work what they ask of her if she genuinely cannot do it.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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