Employer cutting hours

[SunbyThunder]

Hi,

I live in Scotland, been with the company for 10 years and I'm the only person in my role.

My employer has said they are cutting my hours from 40 per week to 25 per week. They've said this is due to financial issues (I do however know their long term aim is to have two people on 25 hours each instead of just me on 40 hours).

I have a contract stating my hours as 40 per week and I can't see anything in the contract saying they can change my hours.

Where do I stand legally with this?

Can they reduce my hours without my agreement if my contract states I work 40 hours a week?

If I refuse the changes do they have to offer me redundancy?

They have to give you the agreed contracted hours I think.

Based on the information provided, your employer’s decision to reduce your contracted hours from 40 to 25 per week raises several legal considerations under Scottish employment law.
Contractual Changes & Employee Rights

1. Contractual Obligation: If your contract explicitly states that your working hours are 40 per week and does not contain a clause permitting unilateral changes by the employer, they cannot reduce your hours without your consent. Any attempt to do so without agreement may constitute a breach of contract.
2. Agreement & Consultation: Employers must consult with employees regarding any proposed contractual changes. If you do not agree to the reduction in hours, you are within your rights to reject the change and request that your current contractual terms remain in place.

Potential Outcomes

• Redundancy: If your employer insists on reducing your hours and you do not accept, this may be treated as a redundancy situation, as your original role (40 hours) is effectively being removed. In such cases, you may be entitled to redundancy pay, provided you meet the qualifying criteria (at least two years of continuous service).
• Unfair Dismissal Claim: If you refuse the change and are dismissed as a result, you may have grounds for an unfair dismissal claim, given your 10 years of service.
• Constructive Dismissal Claim: If your employer forces the reduction in hours without agreement, you may argue that this constitutes a fundamental breach of contract, allowing you to resign and claim constructive dismissal. However, this can be a complex route and legal advice should be sought before taking this step.

Next Steps

• Request a formal consultation meeting with your employer to discuss your concerns and clarify their position.
• Review your contract carefully, particularly for any variation clauses.
• If your employer insists on the change, seek written confirmation and consider consulting an employment solicitor or ACAS (Advisory, Conciliation and Arbitration Service) for further guidance.

If you succumb and start to work 25 hours pw then you could be deemed, by your actions, to have accepted the change so be careful in doing that. If you have house insurance you may have legal cover that you can use.
Good luck.

Keep a record of everything - what, who, when, where