Employer reducing hours.

[shed driver]

My eldest works at a garage as an HGV mechanic, he's been there about 7 years. On Sunday he received an email from his employer that everyone will have their hours reduced by half an hour per day (2.5 per week) starting today. His contract states 41.25 hours per week.

The business has just been taken over, although there has been no change to the business name or staffing. From what he has said, the business appears to be struggling at present.

He's actively looking for other employment, but at present does he have to stand a de facto wage cut?

SD.

[EastMidsEng]

shed driver said:

My eldest works at a garage as an HGV mechanic, he's been there about 7 years. On Sunday he received an email from his employer that everyone will have their hours reduced by half an hour per day (2.5 per week) starting today. His contract states 41.25 hours per week.

The business has just been taken over, although there has been no change to the business name or staffing. From what he has said, the business appears to be struggling at present.

He's actively looking for other employment, but at present does he have to stand a de facto wage cut?

SD.

Disclaimer - not an employment law expert

...but I don't think an employer can just reduce contracted hours unless either agreed with the employee or there is a clause within the contract (some mention of flexibility clause or similar). Or there is some formal consultation process which may have occurred if they have just been taken over?

Otherwise, they should give notice of the change usually the same duration as your standard notice period. If you have 4 weeks’ notice period, they should give you 4 weeks after telling you about the reduction in hours. A lot of contracts will state a period of time they can change working hours, like asking you to go on to shift work etc. An immediate change doesn't sound legally correct to me.

Was the take over a TUPE situation?

Disregarding the above legalities do they allow overtime? He may find he can work the same amount of hours but get paid OT rate for the additional 2.5 and be quid’s in.

[Jasandjules]

Whilst the procedure may not be fair reducing hours to avoid closing a business is an option many will take.

Look for another job as the writing is on the wall....