• Replies 4 replies
  • Subscribers 3 subscribers
  • Views 704 views
  • Users 0 members are here
Options
Related

Being forced into reduced hours with questionable process

Leanne

Is anyone able to advise please?
An individual works for a small company and they have found themselves in hard times.  They are behind with wages for all staff (approx 7 staff across different locations).  He was told 3 days ago that he must either reduce his hours from full-time to 3 days per week or he can take voluntary redundancy - though this would be paid very slowly as they wouldn't be able to afford to pay it outright (he has over 15 years' service with the company).
He has been told to give them a decision today and the reduced hours would be implemented from 2 weeks' time if he opts for that.  He is due to receive this in writing, but hasn't as yet and has had no formal meeting just a discussion.
My very basic advice has simply been to not be forced into making a decision today, to wait for the letter and request a meeting next week.
Can he be forced into accepting these reduced hours, and would doing so (or not doing so) affect his right to redundancy?
Any further advice/guidance to pass on would be greatly appreciated!

Parents

  • Legally he doesn't have to make that choice.

    The employer can suggest he reduce his hours either permanently or temporarily but cant insist upon it. (and clearly doing it over such a short space of time whilst "understandable" in a crisis is neither the correct way about it or helpful). He "might" suggest a temporary reduction in his working week of say 1 or 2 months with a contractual right to (a) return to his FT hours at end of this and (b) any redundancy to be based on FT hours. (b) has some risks attached.
     
    If the individual doesn't want to do that then the ball is very firmly in the employers court. They either make the individual redundant (and it is certainly not voluntary) or make savings somewhere else.

    Not accepting these changes doesn't affect his ability to be made redundant at all. Theoretically if employer was offering enhanced redundancy terms (they don't appear to be) then they could offer more for voluntary redundancy.

    Any unreasonable delay in paying out redundancy payments can be challenged in the courts but f course the employer has to have the cash to be able to pay...

  • in reply to Keith
    That's really helpful, thank you so much for your time and advice on this. I've passed that on to him.
Reply Children
No Data