Reduced contracted hours

ryderover

I was handed a letter Sunday from my manager (24/07/2011). It had been written by our operational manager and given to the manager on Friday telling her to give it to me Sunday.

Basically telling me that in 7 days my Contracted hours of 31 were being cut to 21. The reason given was to allow another employee to join us to help with flexibility for high sickness cover at our store.She now has been given my lost 10 hours.There is currently one manager and 3 staff. I am the most reliable.

I was also given a copy of the new rota. This showed clearly that another younger member of staff was not having her 31 hours reduced just her shift pattern changed.

This member of staff frequently rings in sick and has been employed there less time than me, I have had 2 days off over the year, she has had several weeks off during that time

As I need to work 31hrs to survive and claim WTC (am single and in late 50s) I cannot (a) find a 2nd job or (b) find another full time job - within 7 days. While this isn't my employers personal problem it is now mine and will probably end in me losing my rented flat

Are my employers within their rights? I feel discriminated against and pushed out.

ceridwen

Fingers crossed that someone will come along soon who will be able to reassure you on this.

The obvious question you will be asked is "Have you worked for them for more than a year?" - ie so that peeps know you have that degree of employment protection.

Do hope the answer will be that they cant ((( )))

They sure do know how to get the employees to get on well with each other - if they get away with this then, no matter what that 10 hour employee is like, you arent going to put yourself out to help her or get on with her are you? No-one would do so for someone who had taken 10 hours a week of a job that was rightfully theirs.

Another question = are you in the Union? USDAW is the relevant union for shopworkers - ie Union of Shop Distributive and Allied Workers. They have a good website - try googling and see if there is any information on this. Here y'are:

www.usdaw.org.uk/

SarEl

THis is a breach of contract and therefore a possible unfair dismissal. But there is no reason to beleive that it is discrimination unless you can evidence that it has been done because you are older. An employer cannot unilaterally change your contract - although there are ways of changing contracts lawfully, this is not one of them. But you will have to raise a grievance against your employer saying that they have breached your contract by unilaterally reducing your hours and that you do not accept a reduction in hours, and that this constututes unfair dismissal (and whilst legally there is no obvious claim for discrimination, in a grievance you may as well throw that in too).

PS I have assumed that you have more than a years service with the employer becasue you said that you had had very little sickness over the year - but in case you haven't, you should be aware that an an employer can easily dismiss someone with less than a years service.

ceridwen

Just nipping back to say "Its probably a breach of contract" - and SarEl has beaten me to it - with rather more detail than that (as she is a barrister).

ryderover

SarEl wrote: »

THis is a breach of contract and therefore a possible unfair dismissal. But there is no reason to beleive that it is discrimination unless you can evidence that it has been done because you are older. An employer cannot unilaterally change your contract - although there are ways of changing contracts lawfully, this is not one of them. But you will have to raise a grievance against your employer saying that they have breached your contract by unilaterally reducing your hours and that you do not accept a reduction in hours, and that this constututes unfair dismissal (and whilst legally there is no obvious claim for discrimination, in a grievance you may as well throw that in too).

PS I have assumed that you have more than a years service with the employer becasue you said that you had had very little sickness over the year - but in case you haven't, you should be aware that an an employer can easily dismiss someone with less than a years service.

Thank you very much for your replies, I have now made an appointment with CAB on so will take it from there but as work are a sly lot don't know what will happen. Fingers crossed

KiKi

ryderover wrote: »

Thank you very much for your replies, I have now made an appointment with CAB on so will take it from there but as work are a sly lot don't know what will happen. Fingers crossed

If I were you, I'd come back here and check what they tell you. Some CAB staff are good, but they are not trained in employment law and many often given incorrect advice (from what we see on the forums, and from what others who have a lot of interaction with them say).

SarEl's advice is very good, though.

KiKi

firesidemaid

ACAS are also really good - give them a ring for a second opinion if need be.

I cannot see why your employer has done that, especially with no discussion. Surely they know it will affect your WTC.

ryderover

firesidemaid wrote: »

ACAS are also really good - give them a ring for a second opinion if need be.

I cannot see why your employer has done that, especially with no discussion. Surely they know it will affect your WTC.

They did it because there are 3 staff, 1 manager and apart from myself, they have had both 4-6 wks off sick,plus random days. In this situation the manager or area manager have to then ring round reliefs to get cover, IF another colleague (ie me) can't cover the shift at short notice - (which I normally couldn't/didnt want to- and I reckon this was the problem the management had with me)

Basically to keep the wages bill the same they cut my hours and gave to a new member so an extra person is available to cover the docs appointments and sick leave.

In my view they have just encouraged their staff to ring in sick or leave early whenever they want as there's now an extra staff member.

Pays to be unreliable !

firesidemaid

so what has happened, were you able to get any help or support from CAB or ACAS?

I bookmarked your thread as i thought what they had done was really crappy and hoped you would get some kind of resolution x

ryderover

Hi there......... seeing CAB tomorrow, they cancelled my last appointment.Will update after talking to them.

ryderover

Just like to add the new girl has already had a day off, didn't ring in - just failed to show up. The manager just told her off. Another member of staff has left disgusted with the owners actions re my cut hours- so now they have to replace her also