Redundancy, Contract and Pay

greytroot

A wee bit of help please -

Work in Care Sector - Company wants all to apply for jobs with new hours and new pay (lower) - 90 day consultanty period is over (31/7/11)

I have two contracts - one for 20 hours (2 x 10 hour shifts wednesday and saturday)- one for 15 hours (1 x 15 hour shift thursday) - 20 hour job has been reduced to 2 x 5 hour shifts (31/7/11) - company starts interviews 26/9/11 obviously for new contracts.

Last pay statement has deducted 40 hours as I have only worked 10 on my 20 hour job.

Is this correct and should they have at least informed me prior?

Thanks as usual for any help!

getmore4less

Are you allready working the shorter shifts?

Does the current contract allow for variable hours.

Have you objected to the reducton in contractual hours.

What happened during the consultation.

If you have worked the new shifts without complaint that is normaly considered acceptance.

greytroot

I have objected to the shorter shifts, came in 31/7/11, and did say they could have me working in the main office or elsewhere.

Unfortunately this is happening throughout the company and looks like there are no hours to be picked up elsewhere, 90 day period ended with new job title, new job description and reduced hourly pay.

Company is waiting to see how many apply/pass application process before announcing redundancies (roughly 80 but looks like nearly 140 have not submitted an application fo the new jobs - further problems ahead methinks) seems a bit messed up but looks like the company is making sure they are not left shorthanded.

SarEl

greytroot wrote: »

Last pay statement has deducted 40 hours as I have only worked 10 on my 20 hour job.

Is this correct and should they have at least informed me prior?

If I am reading this correctly, you worked 40 hours and you got paid for 40 hours? Which would be correct. They did notify you (although this is not actually a deduction anyway - they have paid the hours that you worked and deducted nothing) - they told you to work ten hours a week and those were the hours that you worked. This is an enforced contractual change, and they made that clear - the consultation ended with the changes being introduced. So this has nothing to do with unlawful deductions.

It may have something to do with unfair dismissal, but as far as I can see the company have acted within the law and have justfied the changes based on business need and an attempt to avoid redundancies, so such a claim would be risky, and you would have to submit the claim within 3 months less a day of the change in hours - so you are rapidly running out of time. Such a claim can be submitted whilst still in employment because it is based on "dismissal" from your previous post/contract, but you have to be thicj skinned to do so, especailly since you may not succeed in your claim anyway - so it could be a rocky road for nothing.

getmore4less

The other issue you have if they are now looking at staffing levels and redundancies is any redundancy payments will be based on the new shorter hours.