Reduce work hours while increasing hours elsewhere...

Jimmbob

Hey all,

New to the forums, some help and advice on the following would be great. Im also finding it hard to locate legislation to back up/ or quote to my employers.

Bascially I work for a small employer, total of 7 employees. Two or three years ago a colleague went on maternity leave with the intention of only coming back to work for a few days per week which my employer agreed to. At this point I was only working 1 day per week there and 3 days elsewhere. My employer approached me and asked if I permantly wanted more hours to which I accepted. I then left my other job.

A few years have passed now and the colleague is talking about coming back to work full time. There is no way the employer could do this without decreasing hours of two other members of staff. Me being one, now I know they would have to re write my contract to which I would have 7 weeks to accept or decline (is that correct) and if I declined my employer would have to make me redundent. But can they legally do this? My understanding is they can not reduce or make redundencies to them increase or employ others to do the same tasks. Does any one know where I can find legislation to quote in a letter or where I can seek professional advice from. I am grateful for any help or advice.

Jimm

Emplawyer

Have they even suggested formally that your hours are to be cut yet? Why would you be sending them a letter before they have done that? You need to wait until they have a firm proposal and then seek advice (from here or elsewhere).

This is not a redundancy situation as the need for the work being done is not (from what you have said) diminishing.

They would have a good reason for making the change you outline if for example the person returning FT has particular skills/experience - if they can justify it in that way. Don't know where you get the 7 weeks notice from - if they want to change your contract against your will this would effectively be a dismissal and re-employment (yoiur continuity would be maintained but it would be a new contract). They would need to give you whatever contractual or statutory notice you would be entitled to if they were simply dismissing you.

When you have a firm proposal post another message and we'll have a look at it.

getmore4less

I don't think the person that returned part time has any more rights than you(or any other potentialy affected person) now.

Eventualy down to who the employer wants working the hours.

There was a recent thread that debated the reduction of hours worth a read.

Googlewhacker

As above, unless the employer agreed a temporary change in contract terms then the employer that went down to part time has no rights to a full time contract. She will have changed her contract when she went part time.