can they really do this!

[DLI]

in April last year my hours were reduced by my employer because of the recession. so was all the other support staff in the company. Everyone went from a five day week to a four day week. They are in the process of reviewing the situation and there is talk of offering us our five days back but everyone has to agree. there is talk that if someone refuses they may consider sacking them on the ground of breach of contract! I don't want to go back on five days as my ds (aged 6) is classed as disabled (not physically apart from fine motor skill problems)and has special needs which result in lots of hospital appointments. i have at least 20 hospital appointments next year.

can they really sack me if i refuse?

Would you put in a request after xmas for flexible working hours so as to avoid any problems that might arise or would you just wait and see what happens?

i don't really want to approach my boss until i really have to as we don't see eye to eye (she doesnt have any children and not very sympathetic when it comes to them)

think this i should have put this in the AIBU threads cos i feel like i need to rant!

[flowerytaleofNewYork]

To an extent it will depend on what basis the reduced hours were agreed. I would think you had a letter at the time explaining it.

If it just said your new hours are 4 days a week, with no reference to it being a temporary change or anything, you could certainly argue that those are now your contracted hours.

However I would be surprised if that were the case. I would think it says something along the lines that your hours are now 4 days a week, this is a temporary reduction, will be reviewed on x date with a view to reverting back to your original hours, your permanent contracted hours remain 5 days a week.

Mentioning the possibility of sacking people for breach of contract if they refuse to work their contracted hours doesn't seem particularly constructive of your employer though. Although I notice you use the phrase 'there is talk of' sacking people. Have you actually been told that by someone in authority who knows? Or is it just gossip and people getting carried away by a lack of concrete information?

If you want to keep your temporary hours I would suggest you put in a flexible working request to that effect. As you are already doing those hours and (presumably) proving that you can do your job effectively and well in those hours, it will be difficult for your employer to refuse the request.

[DLI]

thanks for your reply, it was only a temporary measure and i do think i will have to request flexible working hours which i will probably do after xmas.
one of my bosses had told a colleague that they would sack people but i think it is a scare tactic to get everyone to accept they have to go back on five days. she wasn't supposed to mention it until they make a formal announcement about our working hours.

[lou031205]

DH was in this exact situation (DD1 gets HRC of DLA), so put in a FWA as soon as rumour had it that the 5 day week would return.