Question about working more than contracted hours for a long period of time.

Lily-Rose_3

Sorry to post this on here, but it is kind of a relationship issue as my friend is having issues with her boss. I did put it on the employment board, but have hardly had any responses.

So here's the issue...

My neighbour works for a certain company, and she works three 8 hour shifts a week. (24 hours.) She has been there 7 years.

When she started, she did 16 hours (two 8 hour shifts,) per week, and that is what her contract of employment states.

However, for the past 2 and a half years (since mid 2014,) she has been doing three 8 hour shifts per week. (24 hours.) She has obviously got used to the higher pay, and tax credits and housing benefit have been reduced accordingly. (She has two teenagers.)

Well, this new boss started in October, and after only a few weeks he decided to start reducing peoples hours to 'save on labour costs.' So he has reduced my neighbour's hours back down to 16 a week. Obviously reducing her weekly pay by a third!

Someone I know said that after a certain amount of time of working a certain amount of hours per week; that amount of hours becomes your amount of hours officially, and they cannot reduce them back. (Even if your original contract said a lower amount of hours.) He said he believes it to be a year. So if you're contracted for 16 hours a week, but have done 24 hours a week for over a year, they cannot reduce you back, even if your original contract was for 16 hours a week.

Is this true?

glentoran99

You already have a thread on this


https://forums.moneysavingexpert.com/discussion/comment/71855372#Comment_71855372


as I said in that thread its not true

Lily-Rose_3

glentoran99 wrote: »

You already have a thread on this


https://forums.moneysavingexpert.com/discussion/comment/71855372#Comment_71855372


as I said in that thread its not true

I know I already have a thread on this, and I did acknowledge that fact in the OP here.

But I got very little response. That is why I have put it here.

One person saying 'it's not true' without any links/evidence isn't really enough. Do you have any 'proof' or is it just your opinion? How do you know ???

Thanks anyway, but I am hoping someone may have more firm, concrete answers.... (as I said, with some proof/evidence etc.)

glentoran99

Lily-Rose wrote: »

I know I already have a thread on this, and I did acknowledge that fact in the OP here.

But I got very little response. That is why I have put it here.

One person saying 'it's not true' without any links/evidence isn't really enough.

Thanks anyway, but I am hoping someone may have more firm, concrete answers.... (as I said, with some proof/evidence etc.)

http://www.safeworkers.co.uk/if-your-employer-changes-your-working-hours.html


Your contract is simply minmum hours, Otherwise all those zero out contract people would have guaranteed hours

Lily-Rose_3

glentoran99 wrote: »

http://www.safeworkers.co.uk/if-your-employer-changes-your-working-hours.html


Your contract is simply minmum hours, Otherwise all those zero out contract people would have guaranteed hours

That's helpful thank you.

Thing is though, I can't see anything about whether the little 'factoid' is true, that if you work 24 hours a week for over a year (even though your contract says 16,) that the employer cannot reduce them back down to 16?

Fireflyaway

If there is a business reason ie orders have dropped, costs have increased, then the boss can reduce hours / get rid of people as deemed necessary. My own hours have changed 4 times in the past 3 years in my current job. The employer should discuss the proposed changes and if accepted a new contract should be issued and the new holiday entitlement and pension contributions advised. A change of hours doesn't have to be accepted, but could result in redundancy if declined. Employers often look to reduce hours rather than fire people . Also if you don't really accept the new hours but continue to go into work and do them anyway , this can be viewed as 'implied consent ' and could make it harder to contest the changes later, or win a tribunal if it came to that.

glentoran99

Lily-Rose wrote: »

That's helpful thank you.

Thing is though, I can't see anything about whether the little 'factoid' is true, that if you work 24 hours a week for over a year (even though your contract says 16,) that the employer cannot reduce them back down to 16?

The hours aren't being reduced "back down" though, unless the employment contract has been changed to specify a new minimum hours then the employer only has to give you the minimum hours. Im sure where you friend got this information on a year, but it certainly isn't true, an employment contract doesn't work that way, Your friend chose to work those extra hours

Lily-Rose_3

Fireflyaway wrote: »

If there is a business reason ie orders have dropped, costs have increased, then the boss can reduce hours / get rid of people as deemed necessary. My own hours have changed 4 times in the past 3 years in my current job. The employer should discuss the proposed changes and if accepted a new contract should be issued and the new holiday entitlement and pension contributions advised. A change of hours doesn't have to be accepted, but could result in redundancy if declined. Employers often look to reduce hours rather than fire people . Also if you don't really accept the new hours but continue to go into work and do them anyway , this can be viewed as 'implied consent ' and could make it harder to contest the changes later, or win a tribunal if it came to that.

Thank you, but the thing is, this lady has been working 24 hours a week for over 2 years (even though her contract says 16,) and the employer is reducing it back to her contracted 16. So what I was asking is ; is it true they cannot reduce them back down to 16 if she has been working 24 hours for over a year?

glentoran99

http://www.workingrights.co.uk/can-employer-reduce-working-hours.htm




I've worked for company for 12 years with 39 hours contract, but always done at least 45 hours a week. Hours have been cut to about 30 but she is still give other members of staff 50-80 hours a week and saying she has no hours. Where do I stand. These are fairly new members of staff aswell.



Our Response:
If you still have a 39 hours per week contract, then your employer is obliged to continue to honour paying you for those hours, unless you agree to a change in your contract terms. This may be something that ACAS can advise on better, to see whether you have a case to take to a tribunal (especially if other employers are being given increased hours) please see link here.

glentoran99

Fireflyaway wrote: »

If there is a business reason ie orders have dropped, costs have increased, then the boss can reduce hours / get rid of people as deemed necessary. My own hours have changed 4 times in the past 3 years in my current job. The employer should discuss the proposed changes and if accepted a new contract should be issued and the new holiday entitlement and pension contributions advised. A change of hours doesn't have to be accepted, but could result in redundancy if declined. Employers often look to reduce hours rather than fire people . Also if you don't really accept the new hours but continue to go into work and do them anyway , this can be viewed as 'implied consent ' and could make it harder to contest the changes later, or win a tribunal if it came to that.

The contract hasn't been changed though, employer is simply not giving extra hours

Lily-Rose_3

glentoran99 wrote: »

http://www.workingrights.co.uk/can-employer-reduce-working-hours.htm




I've worked for company for 12 years with 39 hours contract, but always done at least 45 hours a week. Hours have been cut to about 30 but she is still give other members of staff 50-80 hours a week and saying she has no hours. Where do I stand. These are fairly new members of staff aswell.
Our Response:
If you still have a 39 hours per week contract, then your employer is obliged to continue to honour paying you for those hours, unless you agree to a change in your contract terms. This may be something that ACAS can advise on better, to see whether you have a case to take to a tribunal (especially if other employers are being given increased hours) please see link here.

Thank you ... So the upshot is then, that no matter how long she has been doing 24 hours a week; if her contract is 16, they are quite entitled to drop it back down to 16?