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My employer has reduced my working week from five days to three days with very little notice. Is this legal?
My employer has reduced my working week from the normal five days to three days. I was told of this on a Thursday to start the following Monday. I am a salaried employee and have been informed my salary will be reduced accordingly. Can you please tell me if this is acceptable in law?
An employer can only vary an existing contract of employment with the agreement of the employee. This agreement may be achieved on an individual basis or through a collective agreement through the employee representatives. If an employer imposes changes in contractual terms without such agreement there will be a breach of contract.
The employee then has three alternatives:
He or she can accept the breach and continue to work under the amended contract. If the employee continues to work under revised terms without objection then, in due course, he or she may be regarded as having agreed to the changes and waived the right to make a claim.
Where an imposed change involves a significant change to the contract such as a reduction in pay an employer may well be acting in fundamental breach of contract. Where there is such a breach, the employee may treat the breach as bringing the contract to an end, resign. Subject to having the necessary qualifying service, the employee will then have the opportunity to make a claim of constructive unfair dismissal before an employment tribunal.
Alternatively, the employee may ‘stand and sue’ i.e. continue to work under the new contract terms but under protest. The employee must make it clear, in writing, that he or she does not accept the terms and is treating the change as a breach of contract and dismissal from the original contract. The employee will retain the right to seek damages from the employer for a breach of contract and/or a declaration from the courts that the employer must abide by the original terms.
Whatever option you choose you should invoke the company’s grievance procedure first by writing a letter to the HR department explaining your grievance in detail. Your company is required to make an initial response within 28 days and outline your next options regarding appeal if necessary.
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