Can my employer do this and what if I refuse?

[fragglerocker]

Have found out today that due to wage cuts I must either reduce my hours or change my shifts and work weekends. Ok, doesn't sound too bad but working weekends isn't possible as I have no childcare for DS. Reducing my hours is a no no as I would lose around £50 a month. Doesn't sound a lot but when every penny of my wages is already paid out I can't afford to lose anymore.
I work 20 hours a week, ds goes to nursery 4 mornings a week and has 1 day at home with OH when it's his day off. OH works full time, really weird shifts, nights and days. On a weekend OH is either working, sleeping ready for a night shift or sleeping after a night shift so he can't look after ds. The only other option is my mum but she very rarely gets weekends off either with her job.
Have spoke to a friend about it and she says they can't force me to choose. But can they? And what if I say I won't do either, can they sack me?

They can make your role redundant I believe. We have just all been through the same thing and were told if we didn't choose then we were making redundancies inevitable.

Sorry, it wouldn't necessarily be you made redundant though if you refused. Have you got a union ?

I am not in the union I am pretty sure the rest of the staff will say they will work weekends rather than lose hours which is what I would do if I could. A fellow employee said to me if you don't agree to it why should everyone else have to do it. I can see her point but none of them have kids to find childcare for. I am 'the difficult one'. My managers words, not mine.
The working weekends is not going to happen for me. Unless DSs nursery opens on a weekend which I can't see them doing for 1 child. Can they reduce my hours anyway even if I don't agree?

How long have you been there?

Try not to worry about other people. An employment contract is an individual thing.

I've been there 11 years. I was full time but after having DS I went part time in a different role. I need to dig out my contract and have a good look at it. When I went back to work I had a meeting with then manager and HR and explained I wouldn't be able to work weekends but would do them as and when i could depending on childcare and they were fine about it. I have it all in writing from the meeting. Would this back me up? We have a different manager now and I've been back at work 2 years.

As far as I'm aware when you come back from work you can ask for different hours which they cannot just refuse they have to give you reasonable reasons why you can't have them, what you've described above sounds like that therefore I would say that there now attempting to go back on those special arrangements, have you spoken to them as an individual case as your hours as based on a special arrangement apart from the rest of the workforce, if so then it sounds like mayebe citizens advice or a solicitors would be my next call, I know I used both of these when I was made redundant when I wad pregnant.

It's going to be change to your terms and conditions. So long as they go through a reasonable process of explaining why they're doing it and taking on board everyones views, and assuming they are not being unduly harsh or unfair to any particular group of people, then they can reissue new contracts with new terms and there's not much really that you can do, especially when they have a good business case.

Your best bet is to speak to HR and appeal to them to make an exception in your case, citing their previous guarantee that you would not have to work weekends. As they are not insisting on you working weekends I am not sure that will work though.

I'm assuming there is a good business case for them to have people working weekends?

Do you work for NHSD OP?

are you on a relatively new contract, i work in the NHS and all the newish contracts have flexibility clauses, so yes they can do this! where I work it is used as a way of shedding staff without paying redundancies.

So they offer you a less desirable alternative
you turn it down
they offer you an even less desirable alternative
you turn it down
they then offer you a final 3rd even less desirable alternative
If you turn that down you have chosen to leave as they've offered 3 alternatives so they don't have to pay any redundancy

Was that meeting two years ago to agree a flexible working request? Not that it much matters either way. Your contract of employment, as agreed at that meeting (from what you've said) is that you will work 20 hours per week. Do you have set days and times too?

If your employer wants to change this contract they cannot do so without your consent unless there is a collective bargaining agreement in place between your employer and a Union and then you have to abide by what the Union decides, even if you are not in the Union. See here: www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

What is the business reason for wanting to change or reduce hours? If your employer wants to change your employment contract (which is what they are doing), then they need to consult with you or your representative (eg Trade Union official), explain why and listen to alternative ideas.

It is worth bearing in mind that if there is a genuine business reason and your current contract cannot be accommodated it may be that the alternative is redundancy. ReduceRecycleRegift is not correct in her 3 alternatives scenario. Any alternative has to be suitable. If it is worse terms and conditions then that is not usually considered to be a suitable alternative. See here: www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029844

From what you have said it is likely that your manager has no idea about your employment contract and what it entails. Nor does s/he understand their obligations to you regarding your contract and that comments like you being difficult because of childcare is potentially discriminatory.

What I would do now (assuming no collective bargaining agreement) is to politely point out that you have a contract to work 20 hours on X days at X times and that you have the notes of that meeting agreeing that contract. You should point out that you do not agree to the proposed changes to your contract and that should they wish to make these changes you must be properly consulted. It may be worth putting this in writing and cc'ing HR. I would also be documenting any comments from your manager or colleagues and where a comment is made by your boss point out very calmly and very politely that it is not appropriate.

I wouldn't be engaging a lawyer yet - you've not even begun the internal grievance process. Giving ACAS a ring may be worth it (but IME they're a bit hit and miss) and Working Families have a helpline on 0800 013 0313 for parents and carers.

If things have escalated or do escalate say and I'll give you some stronger wording to use.

Thanks everyone for your replies. I work in retail.
misskittymiddleton thank you for all your advice, I will have a look at the links you posted. Yes I do work set days and set hours, these were agreed with my previous manager when I had the meeting 2 years ago.
The reason for the changes is that the monthly wage bill has been reduced so hours need to be saved from somewhere. The weekend workers used to work overtime to cover the weekend shifts but now they have been put back to their contracted hours. The option they have come up with is that the week day workers (me) will have to work weekends to cover the shifts, having a day off during the week so the amount of hours I work will still be the same. Or reduce my weekly hours so they save money there. I am worried they can say well you have to do one or the other, when neither is possible for me! Nothing has been mentioned today and the manager does have other staff to speak to so I think for the moment will see what else happens.