reduction in working hours

[hazzeem025]

Can anyone give me some advice about a problem that I have? My wife currently works 30 hours per week. Her employer has informed her that her hours are to be cut down to 16. Another lass has had her hours cut down to 30 from 37.5. At the same time her employer is taking on 2 part time staff to work 21 hours between them, as far as I can gather this is happenening because you don't have to pay as much national insurance??? for the 2 part timers doing the 21 hours.

Can her employer legally cut her hours and then employ someone else to do the same work? Where would my wife stand if she refuses to sign the form they've sent her telling her of the reduction in hours. Can she ask for her redundancy? Talked to my union rep but he didn't know and couldn't get to talk to anyone at the union solicitors!

As usual any help much appreciated!

[stokes11eg]

No, he can't just cut her hours if her original contract is for thirty hours.She should not sign anything. If her job as it stands no longer exists, she should be offered redundancy. this man is muddying the waters, as normally , if your wife was made reduntant on the grounds her job no longer exists,he shouldn't be trying to employ anyone for at least two years.
Good luck to your wife

[hazzeem025]

cheers, I was thinking along the same lines. Her job definetly isn't going, apparently this is happenening all over the country to all employees except the managers! something to do with national insurance contributions i think. off down to the citizens advice bureau tomorrow to see what they have to say about it.

[POSTMAN]

What is your wifes union doing about it?

[Martin Walsh]

First of all you have to first understand what kind of employer your wife works for. A small business is exempt form some parts of employment law. ( A small business is often defined as less than 50. )

You then have to look closely at the contract of employment.

A lot of small to medium business have complusory cut hours of employees providing suitable notice of a change to contract.

Does the bussiness recognise a union or is it a non unioned workplace ?

The other issue can it be proven that these two new contracts are doing the work of your wife and the other indivdual ?

Moreover if indeed after all the above your wife has a case you now have to consider what is the resolution ?

A tribunal ? Well it is possible but would that mean in a small business that it would be an impossible place to work if your wife was succussful ?

The law is an ass and never a truer word has been said.

I am sorry but stokes advice is far to black and white and employment law I am sorry to say is not like that.

[TrueBlueTerrier]

Very good advice and info from Dingo

This page http://www.workingrights.co.uk/can-empl ... hours.html" onclick="window.open(this.href);return false; which has useful links as well basically confirms Dingos advice.

[stokes11eg]

Whilst not disagreeing with either dingos or tbt advice,, and without giving too much away about myself, I do voluntary work, which often involves helping to prepare and sometimes representing people at tribunals---so do know in general how the land lies.