Is this constructive dismissal?

[blushingm]

Dh has worked the the same employer for 18 years. His contract of emplyment states 40 hrs. In 2009 this was cut 'temporarily' to 35 but ended up being permanent. Dh boss has now said if its quiet he will have to have days off unpaid - so some weeks he could end up working 28 hrs and it's impossible for us to survive financially on that. Can his boss do this? Tia for any advice

You can request an amendment to contract. We have all had to take a pay cut recently to prevent redundancies. You don't have to comply though. Does his contract now say 35 hours?

No he wasn't given a new contract or anything in writing

Well, his contracted hours of work are still 40 then. and if he doesn't have the 35 hours in writing then think they are already in breach.
Is he thevonlynperson that has been asked to do this or are there others?

You can no longer do anything about the cut from 40 to 35. This happened three years ago and he continued to work there so the contract was varied by conduct. It doesnt matter it wasnt put in writing. So therefore his contract is for 35 hours.

You say that he has now been told he may only get 28 hours per week. This could potentially be constructive dismissal but he would have to resign pretty sharpish and it is a big risk for the following reasons-

1. He may already have affirmed the variation by working there for a period of time (how long ago was this change put to him?)

2. His company may have a genuine business need to make the change (i.e. it's either this or redundancy)

3. He needs to check his original contract to see if there is a term in there that allows hours to be varied. This has arguably been superceded but it throws another spanner into the works.

4. Constructive dimissal claims are notoriously difficult at the best of times.

Hope this helps.

Hi - he's resigned last week and it was 2 weeks prior to that the new cut came in. He sighted his reason for leaving as the cut in hours and therefore pay. It everyone that has been cut cos the boss says work is slow but I checked their accounts and they are making money year on year

Well it might be worth making a claim given there are no fees to issue a claim in the tribunal yet. It's risky but it might be worth a shot. Might get them to come up with a settlement offer.

Their accounts mean nothing. The tribunal will not go behind a business decision of a company.

Also - he will have to show he has attempted to mitigate his loss i.e. apply for lots of jobs.

That's push it - I'll discuss with dh all the info you've given - thank you

I suggest you get legal advice - its a complicated area and as said already, the speed with which your DH acted after learning the proposal is crucial.

And you can tell nothing by the accounts - their business decision will be based more on a projection than a retrospective statement of the year. And accounts can be very deceptive anyway!