shift cancelled last minute again

paddyd · Post by **paddyd** » 15 May 2017, 18:14

shift cancelled last minute again.
the union are still doing nothing to help
what do they actually do

PauloC · Post by **PauloC** » 15 May 2017, 18:38

The thing is we get offered shifts at very short notice, and we might already have plans that we postpone last minute to earn a bit of money, so it's doubly annoying when this happens. Shouldn't be allowed even if there is not much work that shift.

kd · Post by kd » 13 Jul 2017, 13:37

In your Angard contract of employment in paragraph 2.3.1 it says: "(The Engagement) may be terminated on one week's notice by either you or Angard". Meaning, if they have not informed you at least one week before you were due to perform a shift about cancellation of the shift, they breached your contract of employment. They consider every single shift as an "engagement". That is how they refer to them in your contract, read it carefully. Every single time you verbally agree to work even a single shift you enter into an employment contract with them. You accept an offer of an engagement - that is an employment contract you are contractually bound to perform, right there. If you accept an engagement but then you do not show up and won't tell them beforehand, then they can sack you for the breach of contract of employment.

Contact Angard and demand compensation for loss of earnings and breach of contract.

Do NOT contact Angard and demand anything if you do not want shifts offered to you by them to suddenly stop and you do not have the stamina to take them to Employment Tribunal afterwards. If you decide to do so, you can claim detrimental treatment in breach of AWR 2010 paragraph 17 "The right not to be subjected to detriment".

So basically, if Angard offered you shift that starts in less than 7 days time and you accepted it, they cannot cancel it without breaching your contract. As Angard usually offers shifts for the same day or for the next day, they are virtually forbidden from cancelling any shifts. They only do so because they think they can get away with it. And if you do not do anything after they cancelled your shift - they are right.

tabact · Post by **tabact** » 13 Jul 2017, 14:46

If you argue that each shift is an engagement they have probably covered themselves in the 'hours of work' section in regards to the interpretation of an engagement.

"You have no normal hours of work, and your hours will vary according to the needs of Angard and the availability of work during an Engagement. Angard is under no obligation to provide you with work, or to provide you with a minimum number of hours work each day or week and you are not obliged to accept any work that is offered. For the avoidance of doubt, this may result in there being days during your employment or during an Engagement where there will be no work for you to perform. However, Angard will endeavour to allocate suitable work to you when it is available."

kd · Post by kd » 13 Jul 2017, 21:05

This is exactly how Angard see it: hours of work=duration of a single shift=an assignment=an engagement. According to them, you work a series of one-off employment contracts all the time. When you do not work for them, you are not on the assignment/engagement. You can get ongoing shifts during Christmas period, only then your assignment can actually last longer than just the duration of one shift. If you do not know when your next shift is going to be - then you are not on an engagement.