Resigned from work today - can I take them to a tribunal?

[cutshka]

Resigned today after three years in the same job because they changed my hours - basically they cut my hours from 30 to 18 at the start of April when my contract was up for renewal. They paid me at my usual rate for the first two weeks of April as a gesture of goodwill, but I refused to sign the new contract which caused a bit of tension between me and the bosses!

I gave them a grievance letter today saying that I wasn't happy that they'd cut my hours and gave them my resignation at the same time. I know they have 28 days to respond to the grievance, but if I'm not happy with the end result, would I be able to take them to a tribunal for cutting my hours without discussing it with me first? Or would the fact that I stayed on for another two and a half months after they cut my hours mean that I've waited too long to raise the grievance? Also, is it an issue that I didn't sign the new contract?

From a colleague who works in the HR department I've heard a whisper that they might be prepared to offer me six months on my old hours and then reduce the hours after that back to 18 a week - is that a fair deal, and would it count against me if they DID offer that and I didn't accept (if I can take it to a tribunal)?

Sorry for all the questions, but really not sure where I stand on this and want to get my head around it!

Isn't it classed as constructive dismissal? I think the deal they are offering is basically to give you time to look for a new job. Were you consulted about the change of hours?

They didn't really consult me - just said that as I didn't have so much work to do any more (colleagues had taken on some of my duties)they would cut down my hours. They did say at the time that they hoped I wouldn't leave (I acknowledged this in my grievance letter - not sure if I did the right thing there!), and that my job (with the reduced hours) was safe. The company has been having a lot of financial problems, so I think they're trying to save money as much as possible.

I've got other jobs (and have been able to up my hours there to make up for reduced pay from my main job), so finding other work isn't a problem.

cutshka can you clarify were you on a fixed term contract which ended in April? Did they offer to extend the contract but on less hours?

If it was a fixed term contract your employer can offer to renew on less favourable terms. You can either accept or try and negotiate, or if not you could treat the contract as being at an end and consider bringing a claim for unfair dismissal, which would be unlikely to succeed tbh if they have good business grounds for reducing your hours. Probably not worth bringing the claim anyway as you say you are able to make up the hours elsewhere so your financial loss from this is minimal. Unfair dismissal compensation is all about financial loss so if you don't have much of a loss there's no point claiming.

Staying for a couple of months doesn't help you particularly, they could say you accepted the change even though you didn't actually sign the new contract.

I'm very unimpressed with your HR colleague being so incredibly indiscreet . But if the 'whisper' is correct, and there is a genuine business need to reduce your hours, that sounds like a reasonable deal to me. Similarly, although they felt they had to reduce your hours in the new contract, they did concede that this would cause you a problem and paid you extra for a couple of weeks to start with.

I am working on the basis that it was a fixed term contract and it's the renewal terms you are not happy with, but do say if that's not the case.

ACAS ring them now

i also believe that acceptinga wage slip with your new wages whether o not you signed the contract can be seen in itselfasa contract - you have accepted he wages

you really need to ring ACAS

Thanks everyone - I'll give ACAS a call and see what they say!

What were the terms of your original contract?

The original contract says that the initial period of work will be one month, but may be extended if there is more work available (the company often takes people on for just a few weeks). I can't see anything on there which says that contracts will be renewed each April, but that is normally when we get a pay rise and sign a new contract.

How long had you been working 30 hours?

Ever since I started in March 2005 (so three full years).

If you had reached 4 years, then you would have much more rights as a contractor, but without knowing all the ins and outs of your job, I am not sure you are in a great position (the very detailed specifics of your contract - terms of work, who chooses hours, whether you have the right to change hours yourself, and a host of other factors - could possibly indicate that you were effectively an employee not a contractor, but unlikely if you are also doing work for other firms...). given that, you are at their mercy really and have no legal comeback and I think the 6 month thing is pretty fair in the circumstances.