Articles

Your Rights if you Sign a Contract but are Given no Work

10/08/2015

Many caregivers are unaware of the extent of their rights regarding the contractual obligations of their employer. This is a pertinent issue for the 1.75 million caregivers in the UK as only 25% of unqualified care givers are members of a trade union, and as a result employers often take advantage, with up to 9% of employees being paid less than the minimum wage.

The way that private care firms often break the law on pay is by giving out ‘zero hour contracts’. This means that travel time is unpaid as firms stipulate that they will only pay for ‘care minutes’. For those driving a substantial distance, once petrol costs plus time factors are taken into consideration the actual pay can often work out to be less than £5.00 an hour.

The zero hour contracts means that caregivers are sometimes on constant standby and can be required to drive to shifts that last just 15 minutes. The rate at which caregivers are experiencing this kind of situation has increased exponentially, with up to as many as seven in ten caregivers feeling insecure in their job as a result. One worker, who did not wish to give her real name, was interviewed by the Guardian and told of her distress and discomfort with regards to her working conditions.

"For a 30-minute visit you need to be there at least 23 minutes and arrive within seven minutes of the scheduled time. Even if you finish up early and you are late for the next appointment, you can't leave. You won't get paid. It's Big Brother, except it's no joke," said Nelson.

"The owner knows what she's doing. What's not in your pay packet is in the owner's. There are 200 women here. If you bring it up you will suddenly have your number of hours cut. One girl went down to eight hours a week when she asked about it. You cannot live on that. So we all keep quiet."

The problem is that zero hour contracts have been used by employers to keep them at their beck and call, without the actual promise of work. There are several key points to consider regarding your rights as a worker taking on a zero hour contract.

* Employers have no obligation to supply work, but workers do not have to accept it.

* Most zero hour contracts give their staff ‘worker’ status. You might gain ‘employee’ status if the demand increases within the role. In which case, you would receive extra ‘employee’ rights such as statuary notice rights.  

* Zero hour contract workers have the same employment rights as regular workers. If there are significant breaks in contracts then this might affect the rights that have been built up.

* Importantly- zero hour workers are entitled to holiday pay, the minimum wage and travel pay.

* On 26^th May 2015, legislation was brought in which prevented the employer from enforcing any ‘exclusivity clause’. Workers can now work for multiple employers, giving them more freedom and options.

* Zero hour contracts offer flexibility for both employer and employee.

Simply put, if you want a guaranteed and legally protected amount of work, do not opt for a zero hour contract.