Employer reducing pay and hours

embob74

Hoping somebody can give a little informed advice...

My mum started a new job almost 3 months ago. Lately she has felt bullied by the manager although that is a side issue now.
She was employed as a department manager and has recently been told she has been demoted and her hourly rate has decreased to reflect this. Additionally her contracted hours of 35 have been reduced. She has only got 25 hours next week whereas the other member of staff who job-shares has got 45.

Is there anything she can do about this? Mum is a very strong person but is so unhappy and down lately that I'm getting worried
She took the job on with the proviso she would get 35 hours at a certain rate otherwise the travel costs make it unfeasible. If she hasn't given agreement to changes in her contract can she force them to pay her the contracted 35 hours at the contracted rate even if they don't allow her to work them?

wapow

Do you have the employee handbook to hand?

A) She has been demoted.
Her hourly rate has been reduced because of the demotion.
C) Her hours have been reduced because of the demotion?

marybelle01

embob74 wrote: »

She took the job on with the proviso she would get 35 hours at a certain rate otherwise the travel costs make it unfeasible. If she hasn't given agreement to changes in her contract can she force them to pay her the contracted 35 hours at the contracted rate even if they don't allow her to work them?

If her conrtacted hours are 35 (the guaranteed minimum number of hours that she would be guaranteed work) then why would she have taken the job "with the proviso" that she was guaranteed 35 hours work, which suggest thats her contracted hours are fewer than 35? But it appears to me that the answer is that they can vary her contract with the required notice period and she can like it or lump it because if she complains then they can sack her altogether because she can't claim unfair dismissal.

KiKi

OP, please clarify if she is contracted for 35 hours. Please also clarify what her contract / statement of particulars says her job is.

If she is contracted for 35 hours in a particular role and they have unilaterally changed that without discussion then they have breached her contract and she has legal redress (employment tribunal).

She should also, of course, consider whether she wants to work in this company...

KiKi

getmore4less

Whats in the contract about hours?

Whats the notice period?

marybelle01

KiKi wrote: »

If she is contracted for 35 hours in a particular role and they have unilaterally changed that without discussion then they have breached her contract and she has legal redress (employment tribunal).

Yes but breach of contract claims are for actual loss only, and her loss would be limited to the difference between her current pay/jours and her contracted pay/hours for the period during which she suffered that loss (her notice period - because they could change her contract if they served proper notice). And they can still dismiss for any reason they want for the next 9 months. Plus, the post says that she hasn't agreed to the change. What it doesn't say is that she disagreed with the change. If she has continued to work after the change without disagreeing then she has agreed by her actions.

Notmyrealname

embob74 wrote: »

Is there anything she can do about this? Mum is a very strong person but is so unhappy and down lately that I'm getting worried
She took the job on with the proviso she would get 35 hours at a certain rate otherwise the travel costs make it unfeasible. If she hasn't given agreement to changes in her contract can she force them to pay her the contracted 35 hours at the contracted rate even if they don't allow her to work them?

Here's the reality. She has been employed less than 12 months. They can dismiss her for no reason. She could try to force them and they will most likely just give her her P45.

KiKi

marybelle01 wrote: »

Yes but breach of contract claims are for actual loss only, and her loss would be limited to the difference between her current pay/jours and her contracted pay/hours for the period during which she suffered that loss (her notice period - because they could change her contract if they served proper notice). And they can still dismiss for any reason they want for the next 9 months. Plus, the post says that she hasn't agreed to the change. What it doesn't say is that she disagreed with the change. If she has continued to work after the change without disagreeing then she has agreed by her actions.

Fully aware that they can dismiss and fully aware that they can change her contract - hence not disagreeing with your initial post. But the fact remains that she can go to ET for breach of contract for losses if she wishes - and as no-one else had mentioned this I felt it was right to point it out.

She has not necessarily agreed to the change because she hasn't disagreed - there is no indication of how long this has been going on. A week is not sufficient to say "by virtue of turning up to work you have agreed to a substantive and implied change to your contract". The OP simply says that she has 25 hours next week and that this was 'recent'. We don't have enough info, but I doubt an ET would take two or three weeks as an indication to agreement.

TBH, overall it doesn't sound like a job or company worth bothering with...!

KiKi

marybelle01

But the change isn't implied. Embob says that she was "recently told" by her manager. That means that she was formally informed of the contractual change. Verbal notification is just as valid as witten notification. They didn't just vary her contract unilaterally without any notification. If she disagreed with that change then it was/is on her to disagree. The employer can then move to enforce the change by serving notice (although I think it is more likely they will just dismiss), limiting any breach of contract claim to the difference between the contractual rate and the paid rate for a few weeks. If the principle is the point, then maybe the small amount of money she can claim is worth it, I agree, but it still remains the case that she must disagree with the change. She cannot just go to a tribunal. But I agree that the company doesn't sound like it is worth working for.

embob74

Thank you all for your replies. As I thought it's a case of like it or lump it.

Mum hasn't been back to work yet, she didn't feel well enough to go there. She's back tomorrow although really not looking forward to it. She is looking elsewhere but we all know the job market don't we?!
I've asked her to get hold of her employment contract. Apparently she has signed one but never got a copy! I shall no doubt be asking for more great advice shortly when we have a fuller picture :-)

ohreally

What were the circumstances surrounding the demotion?