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  • FIRST POST
    • GaryBC
    • By GaryBC 15th Apr 19, 3:31 PM
    • 91Posts
    • 32Thanks
    GaryBC
    Another Constructive Dismissal query
    • #1
    • 15th Apr 19, 3:31 PM
    Another Constructive Dismissal query 15th Apr 19 at 3:31 PM
    Would having one's working week unilaterally cut from full time to part time - two days a week - be grounds for a CD claim?
Page 1
    • andydownes123
    • By andydownes123 15th Apr 19, 3:33 PM
    • 550 Posts
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    andydownes123
    • #2
    • 15th Apr 19, 3:33 PM
    • #2
    • 15th Apr 19, 3:33 PM
    A few more details please. Any employer can change a contract pretty much how and whenever they want.
    • GaryBC
    • By GaryBC 15th Apr 19, 3:38 PM
    • 91 Posts
    • 32 Thanks
    GaryBC
    • #3
    • 15th Apr 19, 3:38 PM
    • #3
    • 15th Apr 19, 3:38 PM
    A few more details please. Any employer can change a contract pretty much how and whenever they want.
    Originally posted by andydownes123

    I had a feeling it'd probably be something like that!


    Happy to provide more detail but I suspect it won't change the outcome. Thanks.
    • Tarambor
    • By Tarambor 15th Apr 19, 3:45 PM
    • 4,876 Posts
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    Tarambor
    • #4
    • 15th Apr 19, 3:45 PM
    • #4
    • 15th Apr 19, 3:45 PM
    A few more details please. Any employer can change a contract pretty much how and whenever they want.
    Originally posted by andydownes123
    Not unilaterally. It has to be done with the agreement of both parties.
    • andydownes123
    • By andydownes123 15th Apr 19, 3:48 PM
    • 550 Posts
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    andydownes123
    • #5
    • 15th Apr 19, 3:48 PM
    • #5
    • 15th Apr 19, 3:48 PM
    Not unilaterally. It has to be done with the agreement of both parties.
    Originally posted by Tarambor
    Hmmm. Thatís a bit naive.
    • GaryBC
    • By GaryBC 15th Apr 19, 3:54 PM
    • 91 Posts
    • 32 Thanks
    GaryBC
    • #6
    • 15th Apr 19, 3:54 PM
    • #6
    • 15th Apr 19, 3:54 PM
    Not unilaterally. It has to be done with the agreement of both parties.
    Originally posted by Tarambor

    And if I disagree?
    • lincroft1710
    • By lincroft1710 15th Apr 19, 5:16 PM
    • 11,756 Posts
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    lincroft1710
    • #7
    • 15th Apr 19, 5:16 PM
    • #7
    • 15th Apr 19, 5:16 PM
    If the hours cut is due to business needs, e.g. your role no longer justifies 5 days a week or the employer cannot afford to pay you for 5 days work, then you would probably not succeed in a CD claim.
    • jobbingmusician
    • By jobbingmusician 15th Apr 19, 5:27 PM
    • 19,526 Posts
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    jobbingmusician
    • #8
    • 15th Apr 19, 5:27 PM
    • #8
    • 15th Apr 19, 5:27 PM
    ...but the employer can't just unilaterally change the contract and should pay you redundancy if you choose not to accept the change (assuming you have been there at least 2 years, otherwise you would not be eligible).

    And do look up statutory redundancy rates, which aren't that great....
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    • McKneff
    • By McKneff 15th Apr 19, 5:32 PM
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    McKneff
    • #9
    • 15th Apr 19, 5:32 PM
    • #9
    • 15th Apr 19, 5:32 PM
    Under 2 years you can be sacked for anything without them giving a reason.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
    • Les79
    • By Les79 15th Apr 19, 5:50 PM
    • 1,151 Posts
    • 1,324 Thanks
    Les79
    Certainly speak to ACAS.


    Constructive dismissal would only be valid in instances where the employer has committed a serious breach of contract. I'm not entirely sure that this would be covered, for two reasons:


    1. I don't think it is serious enough. It may merely be a redundancy issue, whereby work has dried up and so you can either accept the new work hours or be made redundant.


    2. There may be a clause in your contract about lack of work and what happens (with an ex employer of mine the contract stated that lack of work = time off as paid holiday, followed by time off unpaid sort of thing. No idea if that would have stood up in court, mind you).


    For "Constructive dismissal" you would usually have to resign fairly soon after the breach of contract, otherwise it jeopardises your case. You can also work "under protest" for a short period of time, indicating that you do not accept the variation in hours but feel like you have no choice. If your redundancy payment is poor, there MAY be scope to negotiate a better settlement by working "under protest" and making sounds about CD, but that's a gamble and absolutely no guarantee that it would work.


    That being said, this is all potentially academic if you have <2 years employment.... And if you have >2 years the hassle-free option could be to request redundancy and find another job.


    The reality is pretty grim I'm afraid But certainly speak to ACAS as they are the "experts" (they aren't brilliant, but they are alright).
    • getmore4less
    • By getmore4less 15th Apr 19, 6:54 PM
    • 35,552 Posts
    • 21,733 Thanks
    getmore4less
    Does the contract have variable hours or lay off clauses?

    A change from 5 to 2 would allow you to request redundancy and they have to meet criteria to avoid that.
    • andydownes123
    • By andydownes123 16th Apr 19, 7:14 AM
    • 550 Posts
    • 668 Thanks
    andydownes123
    ...but the employer can't just unilaterally change the contract and should pay you redundancy if you choose not to accept the change (assuming you have been there at least 2 years, otherwise you would not be eligible).

    And do look up statutory redundancy rates, which aren't that great....
    Originally posted by jobbingmusician
    They can change contracts and donít have to pay redundancy if they give enough notice of the change. Happened at our place. Reduced pay for nearly everyone, said it would happen in one year from date of telling us which got around redundancy.
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