Employer woe: big change to working time and cut in income (long, sorry)

[OpressedMasses]

First time on AIBU so go easy please and have NC.

DH has worked for a very successful small business (8 to 12 employees) for four years. He has an employment contract which we had to arm-wrestle out of the employer but his T & C and working times are in writing.

Now this business is growing strongly and the current staff members scramble to cover the work. It is a very profitable company and is extremely strong financially.

Therefore it was a big shock to DH yesterday to be taken aside and the owner of the small business asked him to reduce his working days from 5 days per week to 3 days per week. The reasons given for doing so are completely unclear and vague: ?restructuring the business ... changing the way we work?.

But the business is actually not being restructured ? only two employees out of a dozen have been asked to make changes to their working time - oddly, another employee (let?s call him Joe) has been called upon to increase his working days. Joe incidentally requested a reduction in working days recently, so he won?t be happy either.

DH is hard working, punctual and meticulous and the employer would let him know loud and clear if he felt this wasn?t the case. So we are bewildered and upset by the request, particularly as the business owner said as a throwaway line ?you can just get another part time job to fill in the days? when DH gaspingly exclaimed about the loss of income.

The business owner has always been self centred and a bit inconsiderate, but he?s not a raving lunatic, and this request (phrased as a fait acccompli) is so bizarre we don?t know what to think. I?ve done some reading and I know the employer would be in breach of contract by trying to force this through, but I?m worried about taking it to an employment tribunal or any confrontation of that matter ? it would be awful.

So far DH has sent a very polite and very firmly worded refusal to the request and made it clear he want to continue to work 5 days per week as per his employment contract. Now we are hanging wondering what happens next and wondering why we didn?t see this coming. DH loves his job and is very dedicated and he?d be really upset to leave and work elsewhere, but I have tried to warn him this might be the outcome.

I was up half the night seething with indignation on DH behalf ? I do think the employer?s request is totally unreasonable and I so wish I knew what was really behind this request, because the stated reasons don?t make sense and aren?t in any case actually true.

AIBU to be absolutley livid about the attitude and behaviour of the employer?

[CerealMom]

Your DH needs to take some advice either an employment law solicitor or a chat with one of the unions.

Good first step though to send a letter in refusing the change in contract.

Ask for all further requests/dealings with this matter to be in writing. Start keeping a diary, when first request happened any subsequent actions etc... Hopefully it won't come to anything, but further down the line you may need the diary.

[Pigsmummy]

Your DH might need to get his CV in order and look elsewhere for a new job. Has he had a recent run in with anyone at work? It seems odd that he is being treated this way out of no where.

Some contracts reserve the right to change hours or even place of work, does his? Although in such a small company if he is out of favour it might be a place that he wants to work long term?

[OatcakeCravings]

Maybe post this in Employment issues - lots of helpful people there who might be able to give you some more advice.

[OpressedMasses]

Well things are moving quicker than expected. The employer has sent a rude and rather emotively worded email in reply saying if he doesn't agree to the reduction in working days then he considers DH to be "unable to continue to work at the company".

I am SURE this is completely incorrect in terms of employment law. The catch is now the employer won't allow DH to take time off during the day (even personal phone calls are seriously frowned upon) so it'll be tricky for him to get professional advice.

I'll see if DH can phone in his lunch time, agree he definitely needs some advice. Really shocked and disappointed with the employer, there are very clear processes to follow if he's not happy with his staff performance, and he's certainly not following them now.

Feel really upset and worried about this :-(

[lizzzyyliveson]

Check if you have legal cover on your home insurance. This is a deliberate attempt at constructive dismissal and the employer is hoping that as it now costs you to take them to a tribunal that your husband will walk away without a fight. Best of luck to you, I hope you can sort something.

[Cadsuane]

Tell him to phone ACAS. They have a free helpline and are open till 8pm.

[ChunkyPickle]

From browsing the employment section, ACASwww.acas.org.uk/index.aspx?articleid=1461 always seem to be worth a call.

[ParsingFancy]

DH needs to keep copies of these emails off the company system - can he print out, or forward to a personal email address.

Sorry all this is happening, OP.

[OpressedMasses]

Thanks for the replies everyone.

Cadsuane, Chunky: thanks, he's going to phone ACAS at lunchtime (dare not make a call in company time!) to get advice.

Pigsmummy - you're right, we are going to start updating his CV tonight. There has been friction with another employee in the past and DH has been at pains to improve things - ironically I think this week's disaster has occurred because DH asked the other person if they could clear the air and work together in a more harmonious way. He said it was a positive friendly conversation (DH is extremely non confrontational, to a fault) but I think the other employee preferred NOT to talk about how to improve the working relationship and this is the end of the road. They didn't have an argument or even a squabble but if the employer has decided the working atmosphere is unsustainable there isn't much we can do to change his mind.

Oatcake - good point thank you, will do.

Lizzy - I totally agree with you, I think it is an attempt to dismiss him. This particular employer has been extremely swift to dismiss other employees for being unpunctual or for even minor issues; he cannot site any of these reasons for DH so this is the method he's using.

Parsing - good point, we have been careful to ensure all the emails have been between DH's personal email address and his employer for sure. DH does not look at his personal email in working time, and he has always been careful to keep anything like that off the business email system. I checked DH's email for him this morning and gave him the essence of the unpleasant message by text but he won't see the whole thing until he gets home.

thanks for the good suggestions, much appreciated :-)

[OpressedMasses]

Yet another development, just filing the payslip for July and just realised to my dismay that the employer has undpaid DH several days for that month. God knows how we can ever get that sorted in this situation!

Waiting for DH to get home to tell me what ACAS said on the first issue. It's a really confronting lesson in (lack of) employee rights so far unfortunately.

I'll try to summarise and re-post in the appropriate (Employment) section. thanks again to all who've offered infos!