The rule about offer and acceptance concerning offers of work

[LondonManc]

Does your contract make reference to payment upon receipt of signed timesheet or similar? If it does, then you've got your answer in terms of what is due to you.

If they've pulled *any* work that you were expecting then that doesn't go hand in hand with a zero-hour contract - they aren't obliged to give you any in a zero-hour contract; my daughter went four weeks without work in a part-time job so binned it off. If you've accepted a zero-hour contract, then you are accepting that there are potentially anywhere between 0 and 48 hours per week of work for you.

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1.
Even if my employer would have offered me one day work instead of a project he would not have been able to cancel it because there is not a clause in our contract giving him the right to withdraw offer of work. And it is why other zero hours contract have such a clause and it is why my contract is not a true zero hours contract.
The important point is that whatsoever what my employer has offered me and I have accepted either it is only one day work or a project he cannot withdraw it. Therefore my employer needs to amend his zero hours contract and add such a clause

2.
Some of you told me that my employer did not guarantee me that he will keep me during all the project. However the expectation of the parties could not have been either that I will work only one day on the project

3.
I could have replied to the email of my employer by telling him that I was able to work only one day in the project, In this condition I would have done to him what we called in contract law a ‘counter offer’. And the question is would have my employer accepted to take me in the project only for one day? It is very likely that he would not accepted to brief me into the project only for one day and would have preferred to take another casual worker who would have worked the entire project

4.
In my contract there are several clauses which explain what a casual worker has to do if he wants to cancel work that he has accepted. Therefore a casual worker can cancel work that he has accepted as long as he complied with these clauses. However strangely in my contract there is no clause giving to my employer the right to cancel work that has been offered and accepted by the casual worker. Therefore this clause is missing from my contract and I advise my employer to include it into his zero hours contract as soon as possible

[WTFH]

Have you got some kind of legal qualification or are you studying for one?


The way you word things comes across as someone who has been provided with a little bit of legal knowledge (or has found advice on internet forums) and is trying to apply it to a particular case.

[WTFH]

4.
In my contract there are several clauses which explain what a casual worker has to do if he wants to cancel work that he has accepted. Therefore a casual worker can cancel work that he has accepted as long as he complied with these clauses. However strangely in my contract there is no clause giving to my employer the right to cancel work that has been offered and accepted by the casual worker. Therefore this clause is missing from my contract and I advise my employer to include it into his zero hours contract as soon as possible

So, there is no clause stipulating the rules by which the employer has the right to cancel.
That means they can cancel whenever they want. It does not mean they have no right - quite the opposite.

[LondonManc]

1.
Even if my employer would have offered me one day work instead of a project he would not have been able to cancel it because there is not a clause in our contract giving him the right to withdraw offer of work. And it is why other zero hours contract have such a clause and it is why my contract is not a true zero hours contract.
The important point is that whatsoever what my employer has offered me and I have accepted either it is only one day work or a project he cannot withdraw it. Therefore my employer needs to amend his zero hours contract and add such a clause

2.
Some of you told me that my employer did not guarantee me that he will keep me during all the project. However the expectation of the parties could not have been either that I will work only one day on the project

3.
I could have replied to the email of my employer by telling him that I was able to work only one day in the project, In this condition I would have done to him what we called in contract law a ‘counter offer’. And the question is would have my employer accepted to take me in the project only for one day? It is very likely that he would not accepted to brief me into the project only for one day and would have preferred to take another casual worker who would have worked the entire project

4.
In my contract there are several clauses which explain what a casual worker has to do if he wants to cancel work that he has accepted. Therefore a casual worker can cancel work that he has accepted as long as he complied with these clauses. However strangely in my contract there is no clause giving to my employer the right to cancel work that has been offered and accepted by the casual worker. Therefore this clause is missing from my contract and I advise my employer to include it into his zero hours contract as soon as possible

He can make you work it, declare your work unsatisfactory, refuse to sign your time sheet and not pay you for it. Happy now?

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1.
WTFH says

“Have you got some kind of legal qualification or are you studying for one?

The way you word things comes across as someone who has been provided with a little bit of legal knowledge (or has found advice on internet forums) and is trying to apply it to a particular case.”

I have done a lot of researches in the Internet because I want to prepare my case the best possible. I already had a problem with a previous employer and I dealt with my case as a litigant in person and as a consequence I have some experience of employment law. It is why also I notice that in my new zero hours contract a clause giving the right to my employer to withdraw offer of work is missing.

2.
WTFH says also

“So, there is no clause stipulating the rules by which the employer has the right to cancel. That means they can cancel whenever they want. It does not mean they have no right - quite the opposite.”

He has forgot basic contract law on offer and acceptance which say that when an offer has been made and has been accepted a legal relationship has been created which could be annulled only according to the terms of the contract

3.
I have done searches and I have found out that an offer has three elements such as certainty of offer, invitation to treat and termination of offer. Therefore what is in offer and has been accepted by me should be certain so in my case it should be either a specific number of hours of work or a project and in my case it could have been only a project which was offered to me because it was made reference in my employer’s email to a project but not to a specific number of hours of work

[SueEllen]

Well if you done your research you don't need our help and can do it all yourself.

[LondonManc]

1.
WTFH says

“Have you got some kind of legal qualification or are you studying for one?

The way you word things comes across as someone who has been provided with a little bit of legal knowledge (or has found advice on internet forums) and is trying to apply it to a particular case.”

I have done a lot of researches in the Internet because I want to prepare my case the best possible. I already had a problem with a previous employer and I dealt with my case as a litigant in person and as a consequence I have some experience of employment law. It is why also I notice that in my new zero hours contract a clause giving the right to my employer to withdraw offer of work is missing.

2.
WTFH says also

“So, there is no clause stipulating the rules by which the employer has the right to cancel. That means they can cancel whenever they want. It does not mean they have no right - quite the opposite.”

He has forgot basic contract law on offer and acceptance which say that when an offer has been made and has been accepted a legal relationship has been created which could be annulled only according to the terms of the contract

3.
I have done searches and I have found out that an offer has three elements such as certainty of offer, invitation to treat and termination of offer. Therefore what is in offer and has been accepted by me should be certain so in my case it should be either a specific number of hours of work or a project and in my case it could have been only a project which was offered to me because it was made reference in my employer’s email to a project but not to a specific number of hours of work

Just to be clear.

What is it that you actually want?

That he'll honour the work promise of somewhere between 0 and 48 hours per week for two weeks?

[WTFH]

Well if you done your research you don't need our help and can do it all yourself.

He's looking for someone to agree with him on here, so he can go to the next forum with a little bit more, until he gets to the point of realising he needs to read the advice given. Rather than looking at law of contract, he needs to understand contract of employment laws.

[LondonManc]

He's looking for someone to agree with him on here, so he can go to the next forum with a little bit more, until he gets to the point of realising he needs to read the advice given. Rather than looking at law of contract, he needs to understand contract of employment laws.

He's missing the key point about a zero-hour contract; if there are no minimum hours stipulated in the contract, then your minimum potential hours are zero. If there is no work for that person to do, they'll get paid for doing exactly that. My daughter's had a couple of zero hour contracts but is now on a minimum hours contract where she's guaranteed 8 hours a week.