employment law

[Allant1981]

Looking for advice for a guy that works with us, he is on a 40 hour contract but our company say there is no need for 40 hours and have told him he will be going to 25, there is nothing in his contract saying they can do this at anytime, the area manager has since told him that this will be starting at the end of august. Myself and a few of the guys have had a look and we seem to think they cant do this. Does anyone here work in HR that can advise

[danhibees1875]

He should consult with his union/citizen advice/Google.

https://www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems

[Pretty Boy]

A lot of companies have clauses mentioning increasing or decreasing hours based on business needs.

This usually only covers a temporary basis though.

Agree with the poster above, seek advice from a Union etc and go over the contract with a fine tooth comb.

[Peevemor]

I'm no expert, but a similar thing happened to my mum many moons ago. She took her employer to a tribunal and won a case for constructive dismissal - basically she should have been given the choice of between redundancy or the revised contract.

[Hibbyradge]

Changing hours, conditions or salary could well constitute constructive dismissal if he walked away or unfair dismissal if they just sack him.

He must contact his Union, an employment lawyer or Citizens Advice before he agrees to anything.

Today, if not sooner!

http://www.constructivedismissal.org.uk/constructive-dismissal-causes

Constructive dismissal is usually caused by unilateral contract changes by the employer that negate the original employment contract. For example, if your salary is deliberatly cut or you are demoted for no apparent reason, this may qualify as constructive dismissal. Other causes include persistant delays in wages, refusal of holidays, suspension without the right to receive pay, expecatations to work dramatically different hours, or longer hours without pay, or even being forced to travel long distances on a daily basis.

https://www.gov.uk/your-employment-contract-how-it-can-be-changed/getting-agreement

If employers want to make changes to an employee’s contract, they must get their agreement.

[Silky]

I'm an Advice worker and would agree with Hibbyradge's post. Needs to seek advice ASAP; either with his local CAB or an employment lawyer. He could also get advice from ACAS, who are very good.

[Purple & Green]

If employers want to make changes to an employee’s contract, they must get their agreement.

Employees can't unreasonably withhold consent though as I recall?

Not that permanently cutting your hours in half is reasonable, mind.

[Allant1981]

he has since been in touch with acas so hopefully he can get it sorted, the company are saying the job isnt being made redundant just that there isnt enough work for 40 hours, could drag on a bit