Change to terms of employment

[lenard]

Can an employer call me into a meeting and say we want you to go from 34 hours to 26 and do 4 days not 5 from now on saying the workload isn't there to warrant the hours that I've been doing for 7 years? I've been given 24 hours to accept. I've emailed back to counter offer and meet in the middle and been told no there's no leaway it's those hours from now.
Can they legally do this?

[Jasandjules]

Well this sounds like the start of a slide down into receivership... So the sensible thing is to shape up that CV.


In terms of a change to hours however, what does your contract say is the first question, there is often a clause about lay offs and what not..

[lenard]

Hi no there's nothing in the contract about changing hours. The company is doing very very well financially.

[Panamax]

lenard said:

Hi no there's nothing in the contract about changing hours.

OK, so what does your contract say about your normal working "hours", "days" or whatever?

[bennno]

lenard said:

Can an employer call me into a meeting and say we want you to go from 34 hours to 26 and do 4 days not 5 from now on saying the workload isn't there to warrant the hours that I've been doing for 7 years? I've been given 24 hours to accept. I've emailed back to counter offer and meet in the middle and been told no there's no leaway it's those hours from now.
Can they legally do this?

What if you don’t accept?

[Terminator X]

Changes can only be made by agreement. Not sure what would happen if you just say no. Constructive dismissal?

TX.

[driver67]

Terminator X said:

Changes can only be made by agreement. Not sure what would happen if you just say no. Constructive dismissal?

TX.

Seems to be the route the employer is heading.

If you don't sign the new terms, by continuing to turn up etc it can be implied you have accepted the terms.

I'd be seeking an Acas / Employment Lawyer view asap.

[Cheese on Toast with Worcestershire Sauce]

They are managing you out. Get signed off sick ASAP.

[Jasandjules]

lenard said:

Hi no there's nothing in the contract about changing hours. The company is doing very very well financially.

Do you actually have enough work to support the hours worked? Can you think of any reason why they want you out?

Then the fundamental question becomes what is your bottom line. Will you accept the reduction in hours or would you walk away?

[Panamax]

Jasandjules said:

the fundamental question becomes what is your bottom line. Will you accept the reduction in hours or would you walk away?

Yes indeed, although we have both asked what the contract says about working time. It must surely say something, if only along the lines, "Your normal working hours are 9-5, Monday to Friday with an hour for lunch."

Presumably if the contract doesn't specifically allow the employer to reduce working hours OP can simply say "no" and face the consequences of having an unhappy employer. For instance, future pay increases may become distinctly scarce.

[Countdown]

Terminator X said:

Changes can only be made by agreement. Not sure what would happen if you just say no. Constructive dismissal?

TX.

If OP says no then Employer might dismiss him and offer him a new contract on the revised terms. At this point the OP can take the Employer to a Tribunal for Unfair dismissal. if that happens the Employer needs to demonstrate the business reason for making the contractual amendment.

[Countdown]

Panamax said:

Presumably if the contract doesn't specifically allow the employer to reduce working hours OP can simply say "no" and face the consequences of having an unhappy employer. For instance, future pay increases may become distinctly scarce.

Employers can use the "some other substantive reason" clause for dismissal.

[Panamax]

Countdown said:

Employers can use the "some other substantive reason" clause for dismissal.

Subject to being able to demonstrate "fairness". It's curious the employer has less need for OPs services and yet OP says the employer is doing well. I anticipate it would all come down to whether the type of work performed by OP is relevant to the parts of the business that are performing well or only to parts that are shrinking.

[lizardbrain]

I think that after a certain amount of time there is an implied contract based on long term pattern, that has some weight, regardless of what the written contract says.

[Jazoli]

Cheese on Toast with Worcestershire Sauce said:

They are managing you out. Get signed off sick ASAP.

[Marcellus]

As I understand it… if you don’t agree then the employer can go down a “fire and rehire” process which I believe is perfectly legal if they follow the defined process which includes some mediation with ACAS…..

Not sure if this is still current but I did have a Quick Look into it last year.

[lizardbrain]

Seems like a suspiciously easy to avoid full redundancy payments.

[Marcellus]

lizardbrain said:

Seems like a suspiciously easy to avoid full redundancy payments.

I never got to the point of understanding what the ACAS involvement was and how you do the “Fire” bit……. It may well be that there are some redundancy type payments due..