My boss wants to cut contract to keep a new person?

Mrsalice

I'm only a part time worker and have worked for the same company for 4 years. I always do upwards of 20 hours overtime a week, but recently we've been told we're on strict contract hours. Now I have to lose 25% of my contract whilst we have an employee on PROBATIONARY period. She's been employed on a higher contract than me, and I now feel like I have to lose some of my contract hours so she can be kept on.
It says in the handbook they can terminate the contract of anyone on probationary period at any time in the 12 weeks, and when I joined I was told I wouldn't get a permanent contract till the end of this trial period.

Does anyone else feel this is totally unfair? We're both employed on the same level. I've refused the change in contract so far, but have my final meeting this afternoon and have been told I HAVE to sign or will have a disciplinary. One of the managers has ALREADY made the changes to my hours as of next weeks rota, and has told other employee's I'm an idiot for making a fuss and it wont get me anywhere, and they wont be giving me any more overtime.

SomeBozo

You have no automatic right to overtime, and whilst the other employee is still on probabation, she is still a employee.

It maybe beneficial to the company to have this person as well as you to ensure the correct skill mix and cover.

Unless I have missed something or not understood it you seem to be pushing a selfish position with no merits.

Bozo

Mrsalice

I didn't say I had automatic rights to overtime. I was making a point that because I've refused to sign that I agree to a change of my contract I'm now being victimised at work. I've been employee of the week for the past year for boosting top sales and coming into work when being called last minute.
How is it selfish to not want a 25% cut of contract hours? I've been loyal to the company for the past 4 and a half years and whilst everyone else is losing 15% I have to lose 25%. I can barely afford to survive on just my contract hours let alone with a 25% cut.
I work all weekend at my second job which has no available overtime at all. I'm struggling to pay bills.

Pee

Telephone ACAS and see what they say.

It doesn't seem fair that you cut by 25% whilst others are only cut by 15%, this would make me feel they were singling me out and make me look for other opportunities.

It is a better idea to have reduced hours than people unemployed, I presume your colleague is showing a lot of potential during her probationary period and/or the company hope the economic problems will be relatively shortlived.

Check your position with regard to benefits, as that might have changed.

Mrsalice

Thanks for the reply, I called ACAS yesterday who said it did seem very unfair.
The thing is, she hasn't shown much promise! It's ridiculous! She's been caught LYING to our manager which caused him to lose 2 hours of his holiday. She phoned him and told him it was relaly busy so she needed to stay on, when in fact it wasn't busy at all, and as soon as he agreed she went out and bought her dinner and sat outside eating! It's driving me mad, I can't understand it. Our boss says it wouldn't be fair to get rid of her! He cares more about a new employee than someone who has been loyal for over 4 years.
If I was a bad employee I'd understand! But to have been employee of the week for a year running...even the district manager has said how good I am for putting out store top of the board for sales.
Acas were really helpful and pointed out quite a few things I could say, mostly involving going down the grievance route. The most significant is them having changed my hours as of next week already, which is a breach of contract and I can take them to a tribunal.

zzzLazyDaisy

What EXACTLY does your written contract say about your hours of work?

What hours are you being asked to work now?

TotallyBroke

If it was me I would agree to the contractual hours per week.
Then when my shift was finished I would be out of the door. Whether there was someone there to cover or not.
They'll soon realise that they may need someone that is willing to be flexible and work extra when needed after all.
Can you not find something else part time to fit in around the hours. Like bar or restaurant work for example to bump your money up.

Mrsalice

It says in my contract they can make changes to my contract following a consultation with me. But I still don't think it's right because I see it as giving my hours away so they can keep a new employee on. They've told me thats not my business! This new employee has had ALL the overtime over the past couple of weeks as wel.
I pointed out to them that its a breach of contract to have already changed my hours in the rota BEFORE both parties have agreed and signed a new contract. They said because I've refused they're now telling me I have to, whether I agree or not, BUT, they haven't terminated my contract and given me a new one with less hours.
Does anyone know where I stand on this? I think they're in breach of contract, as no new contract has been given to me, these meetings were 'proposed' change in hours, which today changed to you WILL, as of next week, lose 25% off your contract.

I wouldn't be able to get a job in a bar around here. I'm going to the job centre tomorrow to check for ANYTHING thats available. I do want to keep my two jobs, because I actually really like both of them, especially this one! It's just all this messing with my contract, and having a new person there, and bullying in regards to overtime. The actual job is really good, so it's such a shame.

zzzLazyDaisy

What I meant was, your contract should state how many hours you are expected to work (that may be different from how many hours you do in fact work, in a normal week).

Then, how many hours are they asking you to work now?

This is important as we need to know the extent of any breach of contract.

With regard to the employer imposing a change of hours - the employer has consulted with you, but has failed to reach an agreement and has now imposed new hours. Even if this is a fundamental breach of contract (until we the information requested above, we can't know if this is the case) and you continue to work under the new terms, you will be deemed by your conduct to have waived any breach of contract by the employer, and to have accepted the new terms.

Mrsalice

Yeah my contract does state how many hours I'm expected to work at the moment, which is what I've been doing. I totally understand evertime not being available and when this is the case I quite happily just work my contract hours.
The hours they are asking me to work as of next week have a reduction of 25%. So far, because it is next week, I haven't worked under the new conditions and I have said I don't accept them.

I was under the impression that to impose this change on my current contract, they first need to terminate my contract and give me a new one on hours 25% less than I have now. I can either sign it and agree, but still say I am unhappy etc, make a fuss. Or I can not accept them and leave. Because they have already written out the rota's as over next week is this a breach of contract? Because I've not recieved a new contract yet? Last week they told me it was a PROPOSED change in hours, but this week they've said it WILL happen as of next week, but they're going to check with H.R.

If there was not an employee on probationary period I would just say I'm unhappy but for the economic needs of the company I would drop my hours. But the new employee is doing hours I could, and have, been doing

FireworkCrazy

sounds to me like the new girl is sha**ing the boss