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The rule about offer and acceptance concerning offers of work

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    #21
    1.
    ‘SueEllen’ says

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

    Unfortunately not even if have done research I am not a lawyer

    2.
    ‘LondonManc’ says


    “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?”


    I would like that my employer honours his promise to keep me in the project until its end irrespectively of how many of works he would have offered. When at the end of the first day I was removed from the project my employer told me that he has to cancel all my shifts for this project. Therefore it is important to note that by removing me from the project my employer made impossible the performance of the contract i.e. the possibility of giving me work even if he wishes. Once I was removed from the project this issue of giving me work only if he wishes is redundant

    3.
    'LondonManc’ says

    “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”

    This means that my employer can offer me if he wishes only zero hours. However if he offers me more than this and I accept this becomes binding because there is not in my contract a clause which says that my employer reserves the right to withdraw offers of work

    4.
    It is true that in my case what has been offered to me and accepted by me either one day work or a project is debatable. However if we imagine a situation where my employer would have offered me to come and to work one day or for example during only two hours. And my employer wanted to withdraw this offer of work like it happens very often in zero hours contracts. The question will be whether or not he has the right to withdraw this offer of work because according to basic contract law on offer and acceptance when he offered me these two hours work and I accepted them a legal relationship would have been created which could have been annulled only by a term in the contract? However in my zero hours contract contrary to other zero hours contract there is not any clause which says that the employer reserves the right to withdraw offers of work.

    Therefore first conclusion is that as a matter of fact my contract was not a true zero hours contract for this reason. And if it was not a true zero hours contract in the case of the two hours work being offered was it a true zero hours contract in other situations for example when my employer proposed me to work on a project instead of doing a limited number of hours?

    Furthermore a second conclusion is that if my employer wants to have a true zero hours contract he needs to add a clause in it which says that he reserves the right to withdraw offer of works
    Last edited by window; 17 January 2017, 15:29.

    Comment


      #22
      1. TL;DR

      2. What are you expecting from us? We don't do zero hours contracts

      3. It's difficult to GAS after so many iterations

      4. What's with these stupid numbers? Why not use the quoting system like everyone else?
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #23
        Well if I was your employer I would just offer you zero hours every week. I know a number of retailers do this to staff they don't like instead of cancelling all their shifts.

        OP what do you prefer - to be offered zero hours every week until the end of the contract or to have your shifts cancelled completely?
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #24
          I find it easy to believe he binned you if you're anything like this in a working environment.

          You don't work there any more so it doesn't matter what you think. Get over it.

          Comment


            #25
            Originally posted by radish2008 View Post
            I find it easy to believe he binned you if you're anything like this in a working environment.

            You don't work there any more so it doesn't matter what you think. Get over it.
            But but but IT'S NOT FAIR!
            "You’re just a bad memory who doesn’t know when to go away" JR

            Comment


              #26
              Originally posted by window View Post
              2.
              ‘LondonManc’ says


              “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?”


              I would like that my employer honours his promise to keep me in the project until its end irrespectively of how many of works he would have offered. When at the end of the first day I was removed from the project my employer told me that he has to cancel all my shifts for this project. Therefore it is important to note that by removing me from the project my employer made impossible the performance of the contract i.e. the possibility of giving me work even if he wishes. Once I was removed from the project this issue of giving me work only if he wishes is redundant
              What was the reason given for getting rid of you?


              Originally posted by window View Post
              3.
              'LondonManc’ says

              “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”

              This means that my employer can offer me if he wishes only zero hours. However if he offers me more than this and I accept this becomes binding because there is not in my contract a clause which says that my employer reserves the right to withdraw offers of work
              Ok, so if he keeps you employed and says that he has zero hours for you indefinitely, why do you want to stay in their employment?

              Also, be very careful. You are probably seen as a worker rather than an employee. As such, you're entitled to nothing.
              The greatest trick the devil ever pulled was convincing the world that he didn't exist

              Comment


                #27
                Concerning my numbering I use it for a question of clarity to separate any different points. I can use the 'quoting system' only if I have something to quote

                Comment


                  #28
                  Originally posted by window View Post
                  Concerning my numbering I use it for a question of clarity to separate any different points. I can use the 'quoting system' only if I have something to quote
                  Well in your last long one there appeared to be three quotes.. But anyway.. Carry on.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #29
                    Originally posted by window View Post
                    Concerning my numbering I use it for a question of clarity to separate any different points. I can use the 'quoting system' only if I have something to quote
                    OK, I'll start my own.

                    LM1 - what was the reason they got rid of you?

                    LM2 - were you classed as a worker or an employee? On a zero-hour contract, you generally don't achieve the latter immediately so are entitled to half of nothing. Which is nothing.
                    The greatest trick the devil ever pulled was convincing the world that he didn't exist

                    Comment


                      #30
                      Originally posted by LondonManc View Post
                      OK, I'll start my own.

                      LM1 - what was the reason they got rid of you?

                      LM2 - were you classed as a worker or an employee? On a zero-hour contract, you generally don't achieve the latter immediately so are entitled to half of nothing. Which is nothing.
                      Don't bother he won't answer.

                      He can't get around the fact that with zero hours contracts you are employed at will so the employer can suddenly decide that you are surplus to requirements for the rest of the contract.
                      "You’re just a bad memory who doesn’t know when to go away" JR

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