Can my employer make me reduce hours or take time off upaid?

[greyskies98]

I have worked for my employer for 20+ years. Recently however we have struggled to win contracts and my employer is talking about reducing my hours further from my currently very part time ones or my taking unpaid leave until we win more work. I would however prefer that I was just make redundant, I would only get the statutory amount but presumably if my hours are reduced further this would be even lower.

I am wondering if I can refuse to have my hours reduced and ask instead for redundancy? I get the impression my employer would rather not make me redundant as she is keen not to liquidate the company in case more contracts are forthcoming in the future.

Can any advise on what my options are here please?

Give acas a call. They are super super helpful and free

Look after your own interests. Loyalty doesn’t pay. I would refuse and let her do the work regarding the next steps. That assuming you have a contract for the hours you currently work.

What does your contract say?

One party is usually not allowed to change key contract terms without the agreement of the other party. Otherwise it may give rise to a breach of contract. If you are paid a salary, then paying you less than your contractually agreed amount would mean you could possibly purse a claim for unlawful deduction from wages.
As you know however, refusing the variation may mean that your employer would therfore have to make your role redundant, if they can no longer afford to.keep you. Of you are in a union, they will help you. ACAS may also be able to offer some neutral advice.

Some stuff about this here - as pp said will depend what your contract says.

www.gov.uk/staff-redundant/layoffs-and-shorttime-working

As others have already said speak to ACAS or Citizen Advice Bureau.

I assume you have a proper contract that states how many hours you are contracted for (rather than a zero hour contract).

Just changing your hours out of the blue would be a breach of contract.

You are perfectly right to refuse and to let them make you redundant.

I would also start looking for a new job.

Thanks all. My contract is very brief and does not even seem to state hours. It has annual salary, pension, illness policy and annual holiday entitlement. I only work part time now, when I started I was on full time hours but reduced after children.

The problem is my employer has been super flexible over the years and it would be hard to find a job that fits in with my needs (as a carer). I would rather just be made redundant than leave as I don't think I would find another job as flexible.

I second the suggestion that you call ACAS. And frankly, no one can properly advise you without seeing your contract. In general though, an employer can’t unilaterally change the terms.

However, I see in your update that you mention that you don’t think you can get another role which provides the flexibility you need as a carer. So isn’t it better for you to stick around on fewer hours for now and hope the work increases rather than be unemployed? A one-off redundancy payment might not be worthwhile if you can’t get another job.

They can. But they have to consult you first.

Even if you don't ageee during the consultation they can still impose it afterwards- as long as they consult you first.

They will be doing this to try to avoid redundancies. Sounds like they are in trouble.

Its worth getting advice from ACAS.