Can my employer change my contract ?

[thepiedpiper]

Hi, wonder if anyone can help ? I have a permanent part time contract and next month my employer wants to put me on a zero contract for 6 months until more work comes in. This has really thrown me, I have been in the job for over 5 years. How am I suppose to feed my children etc etc with no pay for 6 months?

That sounds like someone who can't afford to pay redundancy and is looking for a get out.
Are they saying that you will have no work for the entire period?

What does your contract say about varying your hours? I would be very surprised if they can do this.

Thank you for your replies.
There is something in my contract about changing things from time to time as required if supported by the unions. I am not a member of a union as I only work part time.
The problem is I know there won't be much for me to do during this time so I guess I cant expect to be paid for studying or doing very little and should have seen this coming.
I am also thinking I wouldn't be able to claim any other financial help if they still keep me on a zero contract?

I don't think they can do that without your agreement TBH.

I can't help with the main question, but what leapt out at me from your post is that a previously decent employer is proposing something really iffy because the business is in trouble.

As well as sorting out your position with them now, I think it might be prudent to start considering or actively seeking a new job in a different company.

Or because they simply can't bear to make redundancies. DH's employer put a lot of staff onto short-time working for a few months a couple of years ago because they couldn't bear to bite the bullet and make the redundancies that were necessary - it caused SO much bad feeling / loss of morale.

What you have here could be either a good employer, retrenching to save the business and reluctantly inflicting time-limited pain in the hope of more secure times ahead. Or one who is riding roughshod over existing contracts, possibly for similar reasons.

Is business likely to improve in your sector? Are they trying to be loyal in the longer run, or are they hoping for people to quit? In the face of this downturn, do you want to stay?

I have been listening to the news today and guess if I can continue to work next year I will be lucky. I just don't know how I am going to cope for 6 months without pay.

It is unlikely they can do this without your agreement. It sounds like they are in trouble and trying to avoid redundancy.

How many staff does this apply to and is it just part timers or similar? Have you told them you don't want to do it yet?

As it stands at the moment, because you have been working the same hours for the last five years, if they insist on changing your contract to 0 hours you could potentially claim you have been dismissed and that your dismissal was unfair. Or you could possibly argue that the change is a fundamental and significant breach of your employment contract which has caused a breach of the mutual trust and confidence and claim constructive dismissal. Which would depend on how they handle your grievance, who else has been affected and what hours you are offered under the new terms (assuming you stick around long enough to find out).

Regardless you have to complain to your employer first and reject the change. How long before they plan to implement the changes?

Oh and you mention unions. Do you know if there is a collective bargaining agreement in place? Because if there is and your contract states you must abide by the agreements reached by the recognised trade union then you have to comply whether you're in the union or not. Unless the agreement was discriminatory (eg only part time staff affected) or breached your statutory rights in some way.