My employer does not give me hours and want to sack me

[epman]

Hello everyone,

 

I have been working for a big Pizza home delivery company from last 5 years. Last year my manager started giving me less and less hours, despite knowing that this was my main and only job. The situation continued for a few months and I was forced to get another part time job as self employed. In my self employed job I was given generous hours in certain shifts but I decided to keep my first job at the same time have enough hours.

 

Since August I have not been offered any hours at all and at end of September I received a letter saying that I had not attended a meeting with manager and that I was therefore sacked and have right of appeal. (I had never received any notification from my employers asking me to come for the meeting) I appealed and in two weeks the area manager chaired the appeal hearing. He explained that because I had not worked for some months and they have a automated system, that a letter is issued automatically and had been sent to my address. I explained my position and I was promised that I would get at least 30 hours a week in future. I contacted my store manager and informed him of my availability and the hours I can work. I was told that they would answer back soon. I also told my manager that I would be away for three weeks to visit my parents abroad and would return on the 25th. Yesterday I came back and I found a letter saying that they could not guarantee hours because my contract says that I will be given hours according to the business needs. I called the manager and he started asking me question when I received the letter and did not reply to my answer about getting hours. I have a feeling that they will sack me again and will skip all the disciplinary process.

 

I called head office and asked the HR that I want to file grievance against my manager and area manager. They asked me to send details in writing and they will take action.

 

I have been working there for 5 years now and never ever gone through any disciplinary. Have always been punctual and hard working during my shift.

 

They are still hiring people for the same position I had, but they are not giving me any hours (they have window posters for hiring staff) They also have some staff members getting over 60 hours a week.

 

Also in five years I have never been trained for health and safety at work, food hygiene, or fire and safety at work. In the past 5 years I was never paid my full entitlement of holidays. They do not pay us from September till end December (not allowed to take holidays) and the holiday year finishes en December means we cannot claim holiday pay. They will have all this on record.

 

I need some advice from someone on how to proceed. Can I ask them to provide me all the information they hold of me through freedom of information or data protection law? Or I just send them a letter asking for a meeting? I personally think they are picking on me and I have not done anything wrong. I have also worked in same field for more that 25 years in UK and abroad and do not understand why they are treating me this way. I feel frustrated that instead of benefiting from my past experience, they just want to get rid of me for no reason.

[steampowered]

What is your desired outcome here? You need to think first about where you want to end up, and then work towards you.

 

The most aggressive action would be open an Employment Tribunal case for unfair dismissal. It sounds like you would have good cause to do so. The less aggressive action would be to proceed with filing a grievance (although this may or may not get you anywhere).

 

You can request information the employer holds on you by issuing a Data Subject Access Request. There is an example in the CAG library (in the toolbar at the top of the screen).

[ssparks2003]

Are you on a zero hours contract?

[epman]

Hi thank you for your reply. Yes I am on Zero hours contract.

 

My main aim is to get my job back but it now it would be really difficult to work in such difficult circumstances. I have worked over five years with them and getting sacked is the least option for me. At least I don't want to have negative reference for my future saying that I have not done anything wrong. I will not hesitate to open an Employment Tribunal case for unfair dismissal. I have sent out an email to HR manager asking assistance and filing grievance. I will keep you informed with my progress.

 

Thanks again

[focus594]

 

In the past 5 years I was never paid my full entitlement of holidays. They do not pay us from September till end December (not allowed to take holidays) and the holiday year finishes en December means we cannot claim holiday pay. They will have all this on record.

 

Even if you aren't allowed to take holidays from September to December you are still entitled to full entitlement for the year, which is 5.6 weeks including bank holidays.

[ssparks2003]

You can request infomation from your personal file from HR, but as you are on a zero hours contract they are not obliged to give you any hours work so I am not sure how you are going to argue that you deserve to have X or Y hours per week, that would require a change to your contract. i.e. a 30 hour per week contract.