Can my Employer Do This?

~Beanie~

I work in a shop part-time (12 hours) and today the boss has given everybody a letter stating that he is changing the opening hours of the shop due to a downturn in trade. That is fair enough, the shop is really quiet now so I do understand that he needs to do this.

The problem is that me and another girl who work there also have full-time jobs elsewhere during the day, this is a second job to supplement income.

At present we work 6:00pm - 9:30pm in the evenings and I also work Saturday afternoon. The shop will now be closing at 8:00pm and the evening shift will start at 5:00pm, I may be able to leave my other job early and get there for 5 but the other person definately can't.

Also, apparently he wants all staff to do 1 weekend shift, 1 daytime shift and 1 evening shift. Obviously me and my friend can't do the day shift and the evening one is iffy. Can he do this?

If we have to leave as we can't do those shifts, does he have to make us redundant or does he have to pay us off or anything?

Finally (I think!!!) none of us have ever had a contract and because of this, someone says that he doesn't have to make us redundant he can just get rid of us and there is nothing that we can do due to the lack of contract. If we get made redundant, are we entitled to holiday pay acrued so far?

We have both worked there for 8 years, if that makes any difference.

P.S - I almost forgot... does he have to give us any notice before he implements these new hours?

JUNIOR

Hi beanie

I think you're really lucky he's kept you on,he could have closed it :eek: you have already agreed a contract of employment (verbal) .You have agreed to to work in the conditions for 8 years:rolleyes: . personally its a lot of bother for 12 hours. cut your losses and find something suitable to your full time job .

imo he's not breaking any law .

~Beanie~

So what happens if I refuse to work the new shifts? (or can't).

I don't know if it makes any difference but it is only a corner-shop with about 12 part-time employees.

It's all very well saying cut my losses and leave but I am working here to pay my debts so need to the cash otherwise I don't know what would happen - christmas will be cancelled for a start! The hours / location are exteremely convenient and fit in around my other job and would be diffcult to find similar elsewhere.

I know that he has to cut his costs and I know that my debts are not his concern but I am more concerned that he can 'discriminate' against the two of us with full-time jobs because as he as already said, we are less flexible in the hours we can do compared to the other staff. We have worked there the longest and it isn't fair that other staff who have worked there less than 6 months can keep their jobs.

DCFC79

~Beanie~ wrote: »

So what happens if I refuse to work the new shifts? (or can't).

I don't know if it makes any difference but it is only a corner-shop with about 12 part-time employees.

It's all very well saying cut my losses and leave but I am working here to pay my debts so need to the cash otherwise I don't know what would happen - christmas will be cancelled for a start! The hours / location are exteremely convenient and fit in around my other job and would be diffcult to find similar elsewhere.

I know that he has to cut his costs and I know that my debts are not his concern but I am more concerned that he can 'discriminate' against the two of us with full-time jobs because as he as already said, we are less flexible in the hours we can do compared to the other staff. We have worked there the longest and it isn't fair that other staff who have worked there less than 6 months can keep their jobs.

you could get a xmas job and whilst working there you look for another job, its an option

LittleVoice

It would be my opinion that you are in a redundancy situation - the employer has a reduced requirement for a certain type of work. That the reduction comes at the end of the day is reasonable and this has consequences for you.

Regarding the day, evening and weekend shift requirement - it seems less reasonable to have it as a firm requirement. That is because, you might find that one of the others would be better able to do a day shift but would like not to do a weekend one and you might be able to swap. I think you need to ask him to explore such a solution.

jumpycheese1

DCFC79

With Christmas jobs, you need to be fully flexible. They won't be suitable for Beanie

LinasPilibaitisisbatman

What was agreed with the owner?

Was it agreed you would work 12 hours a week at these specific times or 12 hours per week within the opening hours.

My gut is that he is in his rights to dismiss you without redundancy as you cant meet his employment terms.

tomstickland

I'd advise talking to the owner to see if you can find a mutually agreeable solution.

~Beanie~

LinasPilibaitisisbatman wrote: »

What was agreed with the owner?

Was it agreed you would work 12 hours a week at these specific times or 12 hours per week within the opening hours.

My gut is that he is in his rights to dismiss you without redundancy as you cant meet his employment terms.

No idea, he didn't own the shop when I started working there And the nights I do have been swapped (by agreement between me and the other person) over the years.

He is the kind of employer that lets the staff sort themselves out generally, as long as all the shifts are covered he doesn't care who does what. If someone said to me tomorrow 'I don't want to do Thursday nights anymore' then I could just say that I would do it instead - he wouldn't be bothered.

In fact, I'm pretty sure that when I started working there I used to do 4 shifts and gave one up as it was a bit too much.

I think you are probably right in what you are saying and I understand that he has to do it but it doesn't make it any easier, especially with Christmas around the corner! I know I still have a F/T job and should think myself lucky but this will seriously cause me problems financially!

LinasPilibaitisisbatman

~Beanie~ wrote: »

No idea, he didn't own the shop when I started working there

He is the kind of employer that lets the staff sort themselves out generally, as long as all the shifts are covered he doesn't care who does what. If someone said to me tomorrow 'I don't want to do Thursday nights anymore' then I could just say that I would do it instead - he wouldn't be bothered.

In fact, I'm pretty sure that when I started working there I used to do 4 shifts and gave one up as it was a bit too much.

I think you are probably right in what you are saying and I understand that he has to do it but it doesn't make it any easier, especially with Christmas around the corner! I know I still have a F/T job and should think myself lucky but this will seriously cause me problems financially!

I would suggest then this comment means your contract is for flexible shifts and your finished tbh

CFC

LittleVoice wrote: »

It would be my opinion that you are in a redundancy situation - the employer has a reduced requirement for a certain type of work. That the reduction comes at the end of the day is reasonable and this has consequences for you.

Regarding the day, evening and weekend shift requirement - it seems less reasonable to have it as a firm requirement. That is because, you might find that one of the others would be better able to do a day shift but would like not to do a weekend one and you might be able to swap. I think you need to ask him to explore such a solution.

Sound advice from Little Voice as usual. I'm in agreement.