News2 mins ago
Cut in working hours
My employer is making noises about cutting my employment to 4 or maybe even 3 days a week. I currently work a 5 day 40 hour week.
I have worked there for over 10 years , but have no contract or written statement, and I am not covered by collective agreement, although my 2 workmates are, but they do a different job.
I receive a payslip each week which states my hours worked and rate of pay etc.
I have retained my payslips since start of employment.
I have not had a wage rise for over 4 years so a cut will hit me badly, I am also the lowest paid in the firm.
Could I refuse to accept a cut in hours , and what are my rights under employment law.
I have worked there for over 10 years , but have no contract or written statement, and I am not covered by collective agreement, although my 2 workmates are, but they do a different job.
I receive a payslip each week which states my hours worked and rate of pay etc.
I have retained my payslips since start of employment.
I have not had a wage rise for over 4 years so a cut will hit me badly, I am also the lowest paid in the firm.
Could I refuse to accept a cut in hours , and what are my rights under employment law.
Answers
Best Answer
No best answer has yet been selected by ayrforce1. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.>>>"but have no contract"<<<
Oh yes you do! Whenever someone agrees to work for someone else, a contract automatically exists between them. (If I offered to do your shopping for a fiver, and you agreed to my offer, we would have both entered into legally binding contract).
>>>"or written statement"<<<
Well that's certainly illegal. All employees should receive a 'written statement of employment particulars' within two months of commencing their employment. The fact that you've not been provided with one most certainly doesn't invalidate your contract with your employer.
The information here, about being 'laid off' due to insufficient work being available, might be relevant to your situation:
http://www.direct.gov...arylayoff/DG_10026693
For more general information, start here:
http://www.direct.gov...t/Employees/index.htm
However, what you probably really need is the Acas helpline phone number:
http://www.acas.org.u...x.aspx?articleid=2042
Chris
Oh yes you do! Whenever someone agrees to work for someone else, a contract automatically exists between them. (If I offered to do your shopping for a fiver, and you agreed to my offer, we would have both entered into legally binding contract).
>>>"or written statement"<<<
Well that's certainly illegal. All employees should receive a 'written statement of employment particulars' within two months of commencing their employment. The fact that you've not been provided with one most certainly doesn't invalidate your contract with your employer.
The information here, about being 'laid off' due to insufficient work being available, might be relevant to your situation:
http://www.direct.gov...arylayoff/DG_10026693
For more general information, start here:
http://www.direct.gov...t/Employees/index.htm
However, what you probably really need is the Acas helpline phone number:
http://www.acas.org.u...x.aspx?articleid=2042
Chris
As Buenchico says, will have a contract.
This sort of situation is becoming more common. It's sometimes an alternative that is preferred to redundancies.
I know they have to give notice of any changes and if you don't accept the proposed reduction in hours they can terminate your contact, I understand.
But it is a difficult area and I'm a bit out of touch so rather than risk giving wrong advice I'll leave it to someone like buildersmate to comment- or you can contact ACAS
This sort of situation is becoming more common. It's sometimes an alternative that is preferred to redundancies.
I know they have to give notice of any changes and if you don't accept the proposed reduction in hours they can terminate your contact, I understand.
But it is a difficult area and I'm a bit out of touch so rather than risk giving wrong advice I'll leave it to someone like buildersmate to comment- or you can contact ACAS
This must be a real worry for you ayrforce1. Be reassured that having no contract makes no difference to you. In fact it means that the terms of your contract are whatever you assume them to be since the employer hasn't stated them.
Call ACAS as soon as you can and they'll talk you through your options.
Its possible that when work is genuinely hard to come by a firm can offer reduced hours to staff which is better than losing them Hopefully it will be short term and you'll be able to look forward to the upturn. If proposed properly you can accept it or opt for redundancy instead, depends what the offer is.
Good luck with it and I hope its not for too long.
Call ACAS as soon as you can and they'll talk you through your options.
Its possible that when work is genuinely hard to come by a firm can offer reduced hours to staff which is better than losing them Hopefully it will be short term and you'll be able to look forward to the upturn. If proposed properly you can accept it or opt for redundancy instead, depends what the offer is.
Good luck with it and I hope its not for too long.
Many thanks Chris,
I had a look at the Direct.gov website when I came home tonight. I should probably have said that I do not have a written contract, I am aware that a contract as such can be verbal. The verbal part just makes it a bit more obscure as in regards to what my rights are in regards to maintaining my working hours and wages.
Regarding the written statement, my employer thinks he is " above the law " when it comes to that one.
If it comes to it I shall go through Acas.
Your help is much appreciated.
I had a look at the Direct.gov website when I came home tonight. I should probably have said that I do not have a written contract, I am aware that a contract as such can be verbal. The verbal part just makes it a bit more obscure as in regards to what my rights are in regards to maintaining my working hours and wages.
Regarding the written statement, my employer thinks he is " above the law " when it comes to that one.
If it comes to it I shall go through Acas.
Your help is much appreciated.
Thanks also to factor30 and maidup.
I`m at a bad age for losing my job, and work ain`t easy to find in these parts, that`s why I`ve stuck with it for so long. In real terms my wage has been cut for the last 4 years, no wage rise, and as in common with everyone else my bills keep rising. Sometimes you just feel like chucking it all in.
I`m at a bad age for losing my job, and work ain`t easy to find in these parts, that`s why I`ve stuck with it for so long. In real terms my wage has been cut for the last 4 years, no wage rise, and as in common with everyone else my bills keep rising. Sometimes you just feel like chucking it all in.
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