Hours & Pay Cut

[tiaposy]

Hi, my work colleague has a problem:

She was on contract for 9.15am - 2.45pm.

However, due to the fact that she is sometimes late (school run) and even though she always makes her hours up, her hours have now been dropped to 9.30am - 2.30pm

She had no warning - just pulled into the office & told this. This is now costing her £75.00 per month take-home pay.

 

When she originally joined, hours were 20hrs per week, and she was told they could be done anytime as long as hours made 20 by end of week

 

Now, after this, she has been told that due to amount of staff, there is no way to police flexi time.

 

Is this not discrimination and can she do anything about it?

Thanks for any help

[advisee]

How old are her children?

 

This is, I would say, indirect sexual discrimination, and also contravenes the Part Time Workers (Prevention of Less Favourable Treatment) Regulations.

 

She should write a grievance letter to her HR manager as a starting point.

[tiaposy]

Hi

Quite young - 4&5 I think. Is there any template she could use?

Thanks

[Ell-enn]

Hi there, if the hours have been cut to meet the business needs, then the employer can do it, but reasonable notice needs to be given. Also, a lot depends on what is in her contract.

 

However, it wouldn't do any harm to submit a grievance letter.

 

Kind Regards

 

Ell-enn

[tiaposy]

They said they did it because she was sometimes late. However, she wasn't given any notice & there are other people here (including me) who are late and nothing has been said.

[advisee]

Hi there, if the hours have been cut to meet the business needs, then the employer can do it, but reasonable notice needs to be given. Also, a lot depends on what is in her contract.

 

It could be seen as constructive dismissal.

 

As one child is under 5, she has the right to work flexibly, that is in her favour.

[Ell-enn]

It would only be constructive dismissal if she has resigned!

[advisee]

It would only be constructive dismissal if she has resigned!

Well yes, but I think if the majority of people were told that their working hours were to be cut would have no option but to try and get another full time job.

 

Perhaps I should have said "It could be seen as unfair dismissal" on my previous message.

 

Does this lady have one years' service with this employer?

[Sidewinder]

As one child is under 5, she has the right to work flexibly, that is in her favour.

 

Not quite true - she has a statutory right to ask for flexible working arrangements, but the employer does not have to accept if it is contrary to the needs of the business. Nevertheless, it would be worth asking.

 

I agree entirely that the hours should not have been changed without notice or discussion and this is a legitimate area for grievance.