Job contract change

[RedDeerRunning]

Hi, I need some work related advice.

I am on a permanent contract and have worked for current employer since 2017. I have been in my current role since early 2019 and was employed on a 0.8 WTE contract.

I have heard through the grapevine that the company wants to restructure and the new model has my job as a 0.6 WTE post. There is absolutely no change to the job - the requirements remain unchanged.

Is this legal? Can someone be brought into a company on eg a full time role and then be told after some time that they will be expected to do the same thing on reduced hours for reduced pay?

Any insight??

Hi there, @RedDeerRunning - we're just bobbing on here to let you know that we've moved the thread over to Employment Issues, as you requested.

Hope that helps.

Well yes and no, any changes that an employer wishes to make where the employee is at a detriment to their contract has to be consulted with first.

They’d need to consult with you and explain their business reasons. If they can’t get your agreement they have options to try and force it through, including potentially dismissal and reengagement on the new terms. Whether you would be successful bringing a claim would largely depend on the strength of their need to do it.

Thanks Flowery. I thought my employment protection would be stronger. What's stopping any employer bringing new staff in on generous full-time contracts, and then turning round saying, 'actually we've decided it'll suit us more to significantly change your t&c'?

On what grounds could they dismiss me?

They could dismiss you for refusing the changed contract. However, you may then have a case for unfair dismissal. As Flowery says, it depends on the strength of their case that they need to make the change.

@RedDeerRunning

Thanks Flowery. I thought my employment protection would be stronger. What's stopping any employer bringing new staff in on generous full-time contracts, and then turning round saying, 'actually we've decided it'll suit us more to significantly change your t&c'?

On what grounds could they dismiss me?

The only way an employer could get away with forcing through a reduction in hours would be if it were absolutely necessary. The default with any change to terms and conditions is that your consent is needed. For employees who have at least two years' service, there is plenty of protection. Forcing through a change is risky so it needs to be absolutely needed.

t has to be possible, because obviously there might be times when an employer genuinely has to make changes. But they can't do it on a whim, unless you have less than two years' service.

If they did feel it was absolutely necessary, they could dismiss you, and the reason would probably be SOSR which means Some Other Substantial Reason - it's a catch-all. Claiming unfair dismissal your compensation is purely based on financial loss.

They could do the thing you mention about bringing new staff in on generous contracts and then changing it. But in most cases that wouldn't be worth doing because people will leave, and the recruitment exercise will be a waste of time.

If you've only heard it through the grapevine I wouldn't panic too much - it may be just a idea someone's kicking around and they haven't looked into the implications yet or how doable it is. Talk to your manager and find out what's going on.