Boss changing my contract… advice needed

[AllDruggedUpWithNowhereToGo]

So today I was called into the office and told that from April my hours are being cut by 8 hours a week. I already only work 36 hours a week due to a previous cut. They are claiming reduced work/income is the reason behind this. However, in my view, the role I do is still busy enough to cover my wages, indeed, my boss said during the meeting that he will take over doing the part of the work I will no longer have time to do.

Other relevant things, I have a manual job (not office based), the company I work for is very small so there is no HR department. I don’t have a written contract, just a verbal agreement when I started, I have worked here for a number of years though.

I earn nmw and can’t afford the loss, but also this will impact me down the line with pension contributions, holiday hours, possible redundancy pay etc

what if anything should I do?

You take in a letter saying you believe you have a permanent contract of 36 hours and you don't agree with the request to change to 28 hours. Then see what they do.

They could consult you about redundancy because the work has ceased or diminished and offer 28 hours as an alternative or redundancy. How much service do you have? As you'd only get compensation if you have 2 years +. You might counter propose a higher pay rate for those remaining hours.

They could call your bluff of no contract and tell you, you are on a zero hours arrangement so they can change your hours at will. Do you have anything that could prove a permanent contract?

Are they cutting anybody elses hours? If they are not, maybe you could suggest everybody takes a cut so it isn't 8 hours for one person?!

Sorry this is happening to you.

Thank you for replying :)

To answer your questions, both me and the other employee are having hours cut, the company is made up of us and 3 directors (although one is retired).

I have worked here for 4.5 years but have nothing written down to support our verbal agreement. But they have been paying me for 36 hours a week for the last 3 years (37.5 hours before that) so I have payslips.

It just feels so unfair, and like I’m being forced to resign as they know I am struggling financially.

It does sound unfair. I think unfortunately if you try and push it you may be made redundant, and they're trying to cut hours before having to make that call. Honestly that's what I'd be doing if I owned a smallish company and it was struggling. (Obviously they could've phrased it better/gave you options).

Sorry @AllDruggedUpWithNowhereToGo it sounds awful but like @LittleRedRidingHoody says they are probably struggling and trying to resolve it (and avoid the cost of redundancy pay). It sounds like it would be wise for you to start looking around for other work.

Honestly, I would seek alternative employment. When small companies start doing this, they are in serious financial difficulty and will probably go under in the next year or two.

However, in my view, the role I do is still busy enough to cover my wages,

Unfortunately, your opinion doesn't count. As suggested, you can, in writing, object to the cut in hours. You can also (since, if they decide to cut your hours anyway - which they probably will) either say that you continue to work under protest or claim constructive unfair dismissal. In either case it is moot which you choose - if you do not take it to an employment tribunal then you are deemed to have agreed. Working under protest only counts if you actually protest!

That said, as others have suggested, if they are struggling for money, they probably won't survive until you get to a tribunal. Technically, you could also claim redundancy, or ask to be made redundant, but again - if there isn't the money you may not get anything.

I would start applying for other jobs.
Legally they can't just change your hours without agreement, but as others have said redundancy is the likely alternative.
I'd try and get a job and ask to be made redundant.

Thanks all for your input.

Time to dust off the old CV 🙄