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Employer request to reduce my contracted hours

3 replies

AuraofDora · 26/07/2015 11:22

Bombshell as I am main wage earner. Company is experiencing difficulties, redundancies etc and thought I had escaped the chop.
Been on permanent contract for 7 years full time, they propose to reduce to 21 hours.
My question are is this a common route to make me redundant in the future but pay less?
Is it worth trying to make a case, fairly strong, for reducing hours but to 4 days and for cuts to be made to others hours in dept?
Does anyone have any experience of this, any advice would be much appreciated.

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alicewright86 · 26/07/2015 12:42

Hi

Firstly, check your contract of employment and check to see whether you have a variation clause allowing your employer to change your hours etc. however, even if you do your employer will still be able to do so if they can show it is for a true business/economic decision.

Regardless of either, your employer cannot simply unilaterally make this change. They need to consult with you. By consulting they should discuss why it is necessary and discuss ways forward. During this time you should put forward your proposals, in writing and verbally communicate them.

(If you're experiencing a significant reduction they should, regards to case law, impose this change after a period of 12 weeks notice.)

If they can show that they do not simply want to change things but rather it is to avoid redundancies in the future then it is likely to be fair. If you have concerns in regards to other employees not being affected you must raise this during the consultation. Review their response - if you're not happy submit a formal grievance and ultimately if you can show the change is not fair, mischievously targeted at you, explore a breach of contract/constructive unfair dismissal claim.

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AuraofDora · 26/07/2015 13:54

Thanks Alice this is so helpful, I will check out the points mentioned. Preparing a written response today, only had notification on Friday and have to meet Monday morning, a bit all over the place.

I would like to ask them tomorrow if any future redundancy will be based on my current salary.
I suspect they want to replace me with current colleagues taking over various parts of my role. It would be difficult just now as I'm involved in over 12 projects, but as my hours reduce colleagues will have to take on some of my responsibilities and once this takes place they can get shot of me more easily, less disruptive to business.
Would also like to adjust my core working hours, is this a suitable juncture to request this?
Just checking the calendar they are suggesting it starts in 12 weeks exactly!

I do think the cuts could have been spread a little more evenly through the department and will mention this.
They gave me a small pay rise recently for long service too, seems very strange now.

Any advice or other questions I should ask tomorrow?

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AuraofDora · 26/07/2015 16:12

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