Horrible work situation

[ErnestOwl]

I posted this in Work but am worried it won't get seen. Anyone around who can help? Will try to delete from Work.

Am not sure if I am being unreasonable here.... (I know this isn't AIBU but open to being told that I am)

I'm employed in a senior position in a small company. When the virus hit, we looked to be in a bit of financial trouble, and I offered to go down to the 3 days a week (from 5) to help save money. No change to my contract. I've now asked to go back up to 4 days, but am being put off. I'm due a change in role and the boss has said he'd rather finalise what the new role looks like before agreeing new days. I feel as though I've been shafted. I did this to help out. My contract hasn't changed. I've got a call with him later today and I don't know how to handle it really. We have always worked really closely together and I trusted him. Anyone around to advise me?

Hi!

If you have time, I'd recommend calling ACAS before you speak to him to get some formal advice on the specifics. There are probably two elements here. One being how you manage the conversation with a LM that you feel has let you down and is backtracking on an informal agreement and the second being where you stand legally. I would try to get clarity on the latter before speaking to your LM.

From a legal perspective, your contract won't be the only form of written agreement to consider. It would be difficult to advise appropriately without seeing any other written communication, understanding the timings of the agreement etc.

Good luck!

Thank you @MilkshakeandChips5. I am struggling to think about the call actually, I feel pretty upset. When you talk about other documents, what are you thinking of? It was all agreed verbally.

I initially dropped down to 4 days in the early days of the virus, then to 3 after that. I had said at the time, this is reversible isn't it. He said yes. I've taken the days as 'other leave'.

Well I suppose the main question is whether the financial situation of the company has even improved? If it hasn't then YABU to now want to return to your previous hours because it no longer suits to do the reduced ones?

Yes it has improved. but if it hadn't would it be unreasonable when it was a voluntary measure to help out?

From my understanding, it's a little blurry. It could be argued that you have implicitly accepted a change in contract by working the new hours for a prolonged period of time. It doesn't help what was agreed verbally previously but I'd recommend following up your call with your boss with a summary that is in writing (always put things in writing).

There are other elements re. length of service, change in role etc that need to be considered. It's not a simple answer I'm afraid.

I would use the call to listen to your bosses perspective and ask him to explain how he sees things moving forward. Be clear that you would like to return to your contracted hour and salary and would like to agree a date by which point this is effective.

Is there any point in that though if it could be argued that I have accepted a change in my contract?

surely it's been agreed as a temporary change though?

I thought it was temporary, yes. I honestly thought that it was just to help out, for as long as it was feasible for me to do so. It was my idea.

OP how did you get on ? 🌺