DP's employer reducing his hours, impacting our ability to afford our home. Please advise.

[Worriedmumof2dc]

Posted on aibu and advised to post on the work boards also.

DP has just been informed that his hours are being hugely reduced at work. He's on a 30 hour contract but has been working 55 hours a week for the past two years since he was hired. The understanding was that the 55 hours would be standard and consistent, so not to worry about what the contract says as he will always have the 55 hours.

This company branch has a new manager who has now decided to reduce him to just his contracted hours to save money, he's forced to accept that as per the terms in the original contract.

The problem is his amended wage won't cover our outgoings. We will lose our home eventually, we are safe for another month and a half maximum by which point we will have a baby of a couple of weeks old. I'm at home with a 15 month old and am about to give birth to our second in less than a month so the timing couldn't be worse. I can't realistically go back to work yet and by the time I can, we'll owe the landlord alot of money in arrears.

Where does he stand in terms of his rights? Is he screwed and just has to accept this because 'technically' he's only contracted to work 30 hours even though he's been working a minimum of 55 per week for the past two years.

Just dreadful - there seems to be no loyalty from employers nowadays. How would his new manager like his take home pay drastically cut?
I hope you get it sorted. But regardless your DP should dust off his CV and start looking for something new.

Oh and this bit is good

Any reduction in my pay or refusal to allow me to work my usual hours will regrettably result in a claim for non payment of wages and breach of contract.

m.acas.org.uk/index.aspx?articleid=816

All the information you'll need is on the advice for employers booklet thing, that details custom and practice and steps there employer must follow. You coukd reference it in your letter as well or print it out and attach it with the letter.

Thanks space, will amend it where nessecary.

I guess it's pointless referencing the impact of the changes as like you said business is business

Good letter, make sure you send it!

I know it sounds harsh but it doesn't have any impact and they just won't care to be honest. I understand you are upset and worried about this but I've done a few contract change consultations and never have any of them not gone through on the basis of I won't be able to afford to feed my children etc...

The business ultimately need to prove that by not making the changes it would have severe negative impact on the business and the changes are necessary for a specified reason.

I'm not explaining very well. Basically they aren't going to go "bloody hell, we don't want to make children homeless we will scrap the changes immediately", that just won't happen. But stating that they haven't followed best practice ACAS guidelines which are generally applied in tribunals and he could potentially have a claim might make them think twice.

Glad you are listening to spaceunicorn

The manager has said he's under pressure from his higher ups, area manager etc, to save money within the wage budget so as the night team cost the most that is where the changes need to start and will be the first to go.

The manager has transferred from another branch where he did the same, cancelling the night shift to save money.

It may well be that the changes are justified for a business reason I.e. The business is in financial difficulty and need to make cost savings to survive. This is allowed. But they still need to follow due process, meaningful consultation, consider alternatives or incentives etc.

Redindancies work in a similar ish way - necessary sometimes but shit for everyone involved

I don't know anything about redundancy other than (I think) the employee who is made redundant gets a lump sum pay out, is that correct?

If so he'd probably be better off being made redundant wouldn't he, or is that not the case?

If things got messy with the manager and he decided to fire him then he'd have some holiday pay tacked on to the end of his last payment but not a great deal of it enough to see us through for long as despite not taking any holiday this year the holiday pay is crap.

Come to think of it the previous manager said she was under pressure to take off the night shifts but she wasn't happy to do it and so the night shifts continued.

I've no idea why she left and moved on but it's probably strategic on behalf of the higher ups that her replacement has previous for removing night shifts at other branches where he has worked.

He seems quite cut throat but I guess that's why he's where he is.

”I respectfully request that my contractual hours will remain at 55 hours per average week in the interim whilst we seek to find an alternative that works for all concerned”

I would strongly advise removing this as it completely waters down everything else in the letter. It gives them the option to refuse his “request”, therefore undermining his earlier statement that they need his consent!

Probably not better off being made redundant with only 2 yeses service no, as redundancy pay outs are based on length of service. Unless he has an enhanced redundancy package which is unlikely.

FYI, OP has said that her partner is in a union on her other thread.

He needs to talk to his union before doing anything.

Do speak to the union.

But regarding your housing situation please talk to Shelter they will be able to advise you on how best to avoid being made homeless. It is important that you do not make yourselves voluntarily homeless. It might feel shitty and counter intuitive but you probably need to sit tight and wait for your landlord to get an eviction notice. Take advice on this!

On the other hand if you have been good payers and can continue to pay some of the rent there might be some scope for reaching an agreement with your landlord if you are likely to be able to return to work in the not to distant future which would enable arrears to be paid off.

You really need advice from Shelter.

Oh in that case definitely speak to the union before you do anything else.