Can my employer keep changing my working days/hours, or cut them back?

[Gottotrysomething]

For the last 4.5 years, I have worked (part time) as a PA for a wheelchair user.

There is no personal care involved and although contracted as a PA, up to date I have really just been their driver, driving to a day centre which is over an hour away and then collecting them at the end of the day. I do this twice a week. I use their car and have to bring that back to my home in between so I am stuck at home during the ‘in between’ hours whilst I wait to collect them but I have family commitments during those hours and luckily they live within walking distance, so this has worked out ok for me. Should add that obviously I am not paid for the hours that I am back at home.

This job doesn’t give me a huge amount of money but it really helps pay the bills and I would be lost without it. I have other the commitments in my life right now but I really don’t want to lose this job or the money as looking for another job would be a bit of a problem right now.

However, they have swapped and changed my hours/working days about a bit and it’s becoming a little frustrating.
Before lockdown I was working on a Monday and Tuesday. Once back after lockdown they changed the days to Wednesday and Thursday, only giving me 3 days notice. This was a bit of an issue due to my other commitments but I didn’t say anything and went with it, swoppimb a few things around in my personal life to accommodate these new working days.

At the beginning of this year they decided they wanted to go to a sports club on the Wednesday instead of the day centre and so changed my hours again, this time to late afternoon, also with minimal notice.

Now this week they have decided they no longer want to go to the day centre or the sports club which is a few hours drive away but instead would like to try a new sports club twice a week, still on the same days I now currently work but it is in our local town so obviously won’t take as long to get there and therefore will cut down my hours (I currently only work 10 hours per week). It will probably cut my working hours down to approx 5/6 hours per week.

Obviously, I will need to start looking for another job but with my other commitments (family care) and some chronic health issues that I suffer from it is not something I look forward to tbh.

But my main question is can an employer just cut down my hours because they have decided to do something different? I know the nature of the job probably means yes they can as my contact does say that flexibility is required of the job, with change of working times being of a mutual agreement. Although I feel that I have been more than flexible up till now and surely they can not expect an employee to keep swapping and changing?

I don't think there is any easy answer to this. Technically - assuming that any changes must be by mutual agreement, as you say - they cannot just change things to suit themselves. That said, and I say this as a disabled person, your are a PA whose job is to facilitate their life, and the role is about enabling them to live an independant life which means they have a right to change activities and do things that they want to do, and not fit in with your schedule.

If I were to make a broad guess, if you were to take this to a tribunal (a lengthy process) you might win, but you would lose your reference I would guess for very little gain; and it is possible in light of what I said before that it could be viewed as a frustration of contract because the role is about enabling and restricting that goes against the purpose of the role.

But at this stage I guess the answer is - they can do anything they want, but whether they can get away with it depends on what you are willing to do about it.

I would imagine that they can if they have it in your contract and given the nature of the job I would probably expect plans to change. However I do think it is morally fair that you are paid for a set number of hours per week regardless even if the person you are working for changes their plans and you are not needed for hours that you should have been working.

Does your contract state a fixed amount of hours per week, and an agreed hourly rate?

Surely if you're contracted to work 10 hrs per week, that is a legal arrangement and can't be cut with little or no notice ? I suggest you contact ACAS to ask. I get that your role is to facilitate their life, but that still has to be within the legal framework of employment law.

I think looking for a new role is probably your best option in any case - hope you find something soon

I would say this isn't the right role for you atm with your other caring responsibilities.

They obviously need a level of flexibility to be spontaneous or mix things up and you cannot provide that.

I think you need a wider conversation.

Thanks everyone, 10 hours is stated on my contract but with the ask
for the PA to be flexible which I obviously have been to date and I will do everything I can to accommodate those changes but I really can’t afford to take a pay cut as a result so I think the time has come to have an honest chat with them.

If you are contracted to 10 hours work per week, then you should be paid 10 hours per week.

Changing/current your hours at short notice is not on.

Sounds like you've been too accepting and now need to be firm.

You are contractually entitled to ten hours of pay and you should get this even if you are not required for ten hours. In terms of the flexibility (as to when those ten hours are), well it is in your contract that flexibility is required and in view of the nature of the role, this would seem to be expected - the disabled person is entitled to change their club and activities, if you cannot provide that flexibility then it would seem that this is not the job for you.

Going back to the ten hours in your contract, yes they are bound to that. But I do think you need to weigh up the benefit of taking them to court over it.

I would talk to them about the ten hours being a minimum to get paid. Maybe you can get shopping or something to fill the hours if not. I would also say you need 2 weeks notice of a change of days.

Any chance you could have an informal chat with them to explain how your situation and how you feel about it all? (If not done so already). Worth a try and might help the situation with minimal effort.