Reducing employee's hours

Zinny12

I'm secretary of a small sports club and we have one employee (barman) who has been with us for over 10 years. Times are hard and the club is very quiet in the week. We have decided to no longer open in the week as it is not viable. We therefore need to cut the barman's hours by around half. We no longer have his employment contract - though there was one originally so not sure of his precise terms and conditions - though it can all be assumed based on his existing arrangments. He is also currently on long term sickness after having major surgery and should be back in about 1 month's time - this has no bearing on the decision to cut hours as we reclaim almost all his SSP and the bar is currently run by volunteers.

Do we need to give him notice of the change ie a certain period of time?
Do we need to wait until he comes back from sickness to tell him - (the change will not affect the amount of statutory sick pay he gets)
Is the lack of contract a problem?

Appreciate any help/tips.

getmore4less

The lack of a contract allowing lay off or variation of hours may cause you issues.

I think you would have to offer termination due to redundancy as an alternative to reduced hours if these were not acceptable


If nothing is being done to promote more business and it is running OK why not just make him redundant?

What are he long term plans/prosects for this position.
Is thelack of busuines ue to the barman being off and not promoting things.

One angle may be to look at a phased return to work on reduced hours

MrRedundant

Firstly you need to realise his sickness can complicate things as he may try and claim it is unfair dismissal. That said as long as you dont employ someone new in the same job or similar in the near future you will be fine. Even if you did stay open with volunteers that would be fine.

You must consult with him and let him influence or suggest alternatives to redundancy. As it is one person the consultancy period isnt defined although the longer you give the better it looks.

After consultation you can then make him redundant. You will be liable to give him paid notice. This is determined by his length of service; if employed for more than 2 years he will also be entitled to paid redundancy.

You cant just opt to make him redundant and give him less hours; although he can accept this; if this is your preferred choice and he is open to it then you could offer some sort of compensatory payment to seal the deal. Beware with this though that he doesnt take the compensation then leave shortly after anyway.

One thing is clear you must improve your record keeping.

I would suggest if you are going through with this that you write to him now whilst he is on SSP and explain the situation and see if he will agree to a meeting whilst on leave. Dependent on the operation this should be fine.

Get him in and discuss the situation and advise he is now in a consultatory period which will end when he returns to work at which time a final decision will be made. If I was you I wouldnt mention reducing hours at this time as it might be he does this himself and only bring this in at the end of the consultation if he doesnt.

At each stage follow up in writing confirming your actions.