Reduction in Hours - Can they?

JonathanJones

Apologies if this is the wrong forum.

I was redeployed into my current role at a university at the end of June 2014 for a fixed term period until June 2015. The new post was for 1 day a week, and the contract accurately reflects this, however a few weeks in I was offered the opportunity to work another day a week, which I accepted. At the time it was stated verbally that the extra day would be dependent on funding altough no specific date was mentioned to me. I received a letter informing me of the hours increase:

I am writing to confirm that I have been informed by your department that with effect from 07 August 2014 your hours of work increased to 14.6 Equivalent) therefore your FTE increased to 40%.

Your salary from this date will be £x. Your file has been passed to Payroll Services who will adjust your salary accordingly.

Your terms and conditions are as set out in the relevant Terms and Conditions of Service.

Nowhere in the adjustment letter did it state or suggest that this change was for a fixed period due to funding or any other reason.

I accept that a conversation took place regarding funding took place prior to the document being produced, and me taking on the extra hours, but it's my view - and this is my question really - that the FTE adjustment affects the original contract in terms of total hours, and therefore really they have signed themselves into a situation whereby contractually they are obligated to provide me with 2 days a week work up until end June 2015. I certainly felt that way when I was sent the FTE change document, although I did not raise it with anyone.

I was called into a meeting this morning by my manager who told me that the extra day would have to cease on 1 Jan and cited the conversation we had as a justification for this. I told him I remebered our conversation and that the end date was not made clear, and also that the FTE adjustment letter made no mention of an end date. The meeting ended and we parted.

Do I have a case in terms of breach of contract or unlawful deduction of wages?

mgdavid

quite possibly but the cost of so doing will almost certainly outweigh any benefit coming your way. Also it will again almost certainly mean they will find a way to get rid of you and you will be looking for another job. I suggest you do that anyway; what do you do on the other 5 days per week?

JonathanJones

mgdavid wrote: »

quite possibly but the cost of so doing will almost certainly outweigh any benefit coming your way. Also it will again almost certainly mean they will find a way to get rid of you and you will be looking for another job. I suggest you do that anyway; what do you do on the other 5 days per week?

You mean the other 3 days a week? At present it's my only employment so nothing, which is ok as I need time at home.

However this brings me to a further point that if I was 'forced' to accept the reduction to 1 day a week, then I could potentially claim Carer's Allowance for a close family member, although I am aware I can only take home 102 in pay per week, and I believe I will take home 120 a week with 1 days work. Can a request for a reduction in wages to maximise benefits be refused by an employer?

mgdavid

I mean the other 5 days a week; plenty of people have two jobs and work seven days a week.
No idea about asking to take a pay cut, but as an employer I'd see it as the kiss of death for any promotion or expansion of the job as it shows the wrong attitude.