Enforced salary cut- Breach of contract or am I helpless as ACAS have said????

[lawrence158]

Apologies if you are reading this twice but my first post hasn't shown up ...

I work as a Customer Servcies Advisor on a job share basis 40 hour week (we both work 20 hours). On Wednesday the company owner said that as of Monday 1st October our hours are to be cut to 12 per week. This makes our job untenable and as we have had not notice of this change we have paid childcare fees in advance. My contract says that my hours of work 8.30am-5.00pm can be varied but it doesn't mention that they can be cut. I have not agreed to this and I asked the owner for a meeting to discuss this and asked for the proposal in writing. Other than being told that our performance was good but that the company needed to cut costs there was no explanation and we were not allowed to discuss options. Then on friday we received a letter to say that the cut becomes effective 1st october and that our job role has been changed to 'sales'. We have until 31st december or before to increase company profits and excel in the role or our employment will be terminated. Is this enforced cut a breach of contract? We have not agreed to it or even been consulted on it? Or can the company owner do as he pleases as ACAS advised me?? Any advice would be GREATLY received

 

thanks

[Emmzzi]

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

 

If your employer wants to change your contract

 

If your employer wants to make changes, they should

 

• consult you or your representative (for example, a trade union official)
  
• explain the reasons why
  
• listen to alternative ideas
  

Changes can be agreed directly between you and your employer, or through a 'collective agreement' between your employer and a trade union. This might be allowed by your contract even if you're not a union member.

 

 

Start with an "I don't agree and want to be consulted on this" letter.

 

In any event one day's notice is way to short. 12 weeks in more normal.

 

Sounds like your employer is in financial dire straights though - do you reckon redundancy is round the corner anyway? You need to decide what is worth fighting for, if it's going doen the pan anyway, rejoice in the extra time available for job hunting and get to it.

[lawrence158]

Hi Thank you for the advcie, I did request a meeting but our alternative ideas weren't listened to. If we don't agree to the changes then we'll be dismissed on Monday and if we do then we have a new role to fulfil with impossible tasks and we'll be dismissed by end of year anyway if not before. Obviously the idea is to make us resign. There won't be redundancies and the company is not going down the pan . I'm disposable because i'm a female worker and my job share colleague is too. We don't have the same rights as our male colleague (who is doing the same job as us but isn't having his hours cut and) due to the nature of the company owner's beliefs. It doesn't feel like the 21st century and its maddening that really we can't do anything other than look for another job. I guess ACAS are right.

thank you for your time though

 

Lisa

[Emmzzi]

oh, gender discrimination then, if you are all in the same boat but only the p/t women are affected.

 

Ask ACAS about that. There's a questionnaire on discrimination you can ask the employer to fill out which should make them think again for a start.

[becky2585]

How long have you worked there?

 

If over a year, it would almost certainly be unfair to dismiss you in those circumstances.

 

Plus, it sounds like a case on both direct and indirect sex discrimination - claims which can be brought with under a years service.