Employer not giving my guaranteed contract hours: who helps?

Summary

If your contract says you have guaranteed hours (for example 10 a week) and your employer is not giving them, you may be owed pay for those hours even though you were not rostered, as long as you were available and willing to work. Not paying what the contract promises can be an unlawful deduction from wages. Raise it in writing, call ACAS, and keep an eye on the 3 month time limit. If the cut is linked to childcare or your return from maternity leave, get advice on discrimination too.

Key information

• Check the wording: "guaranteed 10 hours a week" is different from "up to" or "as required". Keep a copy of the contract and any rota or messages.
• Employee or worker: both can claim unpaid wages. A true zero hours contract has no guaranteed hours, so this route depends on the guarantee being in writing.
• Agency workers: the guarantee, if any, is usually with the agency. Raise it there first.
• Show you were available: messages offering shifts, asking for hours, or confirming you could work.
• Deadline: claims for unpaid wages usually have to start within 3 months less one day of the last underpayment. You must contact ACAS for early conciliation first.
• Comments tying your hours to childcare or caring duties may point to sex discrimination. Note exact words and dates.
• When to speak to a solicitor: you think discrimination is involved, you are dismissed or pushed out, or the deadline is close.
• ACAS can: explain your rights using deductions from pay and wages and zero hours contracts; run early conciliation, which you need before a tribunal claim. They will not take your side, or bring the claim for you.
• Working Families can: give free advice to parents and carers on rights at work, including requests linked to childcare. See Working Families. They will not represent you at a tribunal.
• A union can: raise the missing hours with your employer and support you at grievance meetings. They will not usually help with problems that started before you joined. Find one via the TUC.

Practical guidance

• Write down the guaranteed hours clause, weeks affected, and pay missing.
• Email your manager and HR: ask for your guaranteed hours, or pay for them, from a set date.
• Raise a formal grievance if nothing changes. See ACAS grievance steps.
• Call the ACAS helpline and start early conciliation well before the 3 month deadline.
• If childcare comments are involved, speak to Working Families or a Law Centre.
• If conciliation fails, you can make a tribunal claim.
• Ask the Shaman to map the steps and dates.

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