Another HR/Employment Law Question - Reduced Hours or leave?
Another HR/Employment Law Question - Reduced Hours or leave?
Author
Discussion

t2pjr

Original Poster:

92 posts

270 months

Thursday 9th October 2014
quotequote all
Situation is this.

Wife works part time (18.5 hrs a week) and the company has hit hard times and due to lack of work, has asked staff to work half hours for the foreseeable future. No other option has been tabled such as redundancy and verbally it has basically been said that its take the offer or go of your own accord.

We have unemployment insurance that means if my wife is made redundant we get our mortgage paid for a fixed period etc etc.

Nothing has been put in writing yet but is in the process of being done. She has no written contract to refer to but has worked there for years.

My questions are

1) Can they simply offer her half her current hours and she has to like it or go? Is there no obligation to offer redundancy as an alternative in situations like this?

2) What notification period do they have to give for such a change - they seem to think a week is legal to do so?

Basically I suspect the boss is trying to cut his overheads without having to pay out anything. I'm sure he has taken all the relevant legal advice but I just wanted to see if he is trying to pull a non legal fast one and in the process we miss out on our mortgage being paid as a result?

Thanks for any assistance

mike9009

10,817 posts

272 months

Thursday 9th October 2014
quotequote all
We had agreed lay offs a few years ago, so we all went without pay for about five weeks in a 12 month period. It was a negotiation with the union at the time to prevent some redundancies.

It was fully agreed to between the management and unions.

How has this situation been negotiated? I am no legal eagle on these issues but this is how it worked for us - surely there is some breach of employment contract if there is no agreement in place?

Someone with far more knowledge will be along soon.....

shed driver

3,064 posts

189 months

Sunday 12th October 2014
quotequote all
t2pjr said:
Situation is this.

Wife works part time (18.5 hrs a week) and the company has hit hard times and due to lack of work, has asked staff to work half hours for the foreseeable future. No other option has been tabled such as redundancy and verbally it has basically been said that its take the offer or go of your own accord.

We have unemployment insurance that means if my wife is made redundant we get our mortgage paid for a fixed period etc etc.

Nothing has been put in writing yet but is in the process of being done. She has no written contract to refer to but has worked there for years.

My questions are

1) Can they simply offer her half her current hours and she has to like it or go? Is there no obligation to offer redundancy as an alternative in situations like this?

2) What notification period do they have to give for such a change - they seem to think a week is legal to do so?

Basically I suspect the boss is trying to cut his overheads without having to pay out anything. I'm sure he has taken all the relevant legal advice but I just wanted to see if he is trying to pull a non legal fast one and in the process we miss out on our mortgage being paid as a result?

Thanks for any assistance
Isn't there a legal requirement to have a written contract?

SD.

anonymous-user

83 months

Sunday 12th October 2014
quotequote all
The employer is obliged to provide a written statement setting out certain terms of employment, but there is no obligation to provide a full contract in writing.