Employer reducing my hours after furlough but increasing another employees hours

sumosami

I have searched the internet but can find no answer to this issue. I have been on furlough since the start of lockdown, my employer initially took one member of staff off furlough when he re-opened. Coming to the end of furlough he has proposed new hours for me which will cut my pre-lockdown hours by about two thirds while refusing to cut the hours of the member of staff he took back off furlough first. This means that member of staff will have increased hours compared to pre-lockdown. Does anyone know if this is legal please?

Thrugelmir

Are you remaining part furloughed? 

sumosami

Thrugelmir said:

Are you remaining part furloughed?

No, this would be for after the furlough scheme finishes.

Beeboo23

What are your contracted hours?

Thrugelmir

Then your role may well be at risk. Your employer is possibly flagging this up now with the proposed change in hours. Which they know won't be acceptable to you. 

CKhalvashi

In this situation, while it may seem unfair, there's very little you can do unless it's as a direct result of a protected characteristic (which you haven't indicated, so I assume not).

If I were you, I'd be planning for a redundancy situation, for the reasons Thrugelmir (who I rarely disagree with on consumer issues) mentions above.

sumosami

CKhalvashi said:

In this situation, while it may seem unfair, there's very little you can do unless it's as a direct result of a protected characteristic (which you haven't indicated, so I assume not).

If I were you, I'd be planning for a redundancy situation, for the reasons Thrugelmir (who I rarely disagree with on consumer issues) mentions above.

Protected characteristic? Not sure what that means but I've done nothing to make him want me out as far as I know! If that's what it means. He won't make me redundant as he can't afford to.

Jeremy535897

sumosami said:

CKhalvashi said:

In this situation, while it may seem unfair, there's very little you can do unless it's as a direct result of a protected characteristic (which you haven't indicated, so I assume not).

If I were you, I'd be planning for a redundancy situation, for the reasons Thrugelmir (who I rarely disagree with on consumer issues) mentions above.

Protected characteristic? Not sure what that means but I've done nothing to make him want me out as far as I know! If that's what it means. He won't make me redundant as he can't afford to.

It means discrimination on the basis of certain defined reasons, but if you have over 2 years of service, and you are asked to reduce your hours by two thirds, that could be constructive dismissal. If you agree to a reduction in hours, then any future redundancy could be based on the reduced hours. 

Thrugelmir

sumosami said:

CKhalvashi said:

In this situation, while it may seem unfair, there's very little you can do unless it's as a direct result of a protected characteristic (which you haven't indicated, so I assume not).

If I were you, I'd be planning for a redundancy situation, for the reasons Thrugelmir (who I rarely disagree with on consumer issues) mentions above.

 He won't make me redundant as he can't afford to.

Have you worked for your employer long? 

CKhalvashi

Jeremy535897 said:

It means discrimination on the basis of certain defined reasons, but if you have over 2 years of service, and you are asked to reduce your hours by two thirds, that could be constructive dismissal. If you agree to a reduction in hours, then any future redundancy could be based on the reduced hours. 

Thanks for explaining that.

And yes, that is an important notice to give. If he can't afford to make you redundant then you have an issue, as he's unlikely to be able to pay your wages IMO......

Yahoo_Mail

sumosami said:

I have searched the internet but can find no answer to this issue. I have been on furlough since the start of lockdown, my employer initially took one member of staff off furlough when he re-opened. Coming to the end of furlough he has proposed new hours for me which will cut my pre-lockdown hours by about two thirds while refusing to cut the hours of the member of staff he took back off furlough first. This means that member of staff will have increased hours compared to pre-lockdown. Does anyone know if this is legal please?

Sorry to be a pedant but your colleague retaining their pre-lockdown hours while you have yours cut by two-thirds doesn't mean they have increased hours compared to pre-lockdown, they have exactly the same hours.  Just the same as if both of us buy a pint of beer and someone comes along and pours half of yours out, I still have a pint of beer, I don't have any more than when I started.

I don't want this to seem unhelpful but you're going to be onto an immediate loser if you go at your employer and start spouting stuff like that.  Be factual, accurate, and unemotional.