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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have been working current employer on a full-time

Customer Question

I have been working for my current employer on a full-time contract from September 2007. I reduced my hours to 28/week a year ago by mutual consent. If I am asked to reduce my hours further, can I refuse or ask for compensation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Are you saying you have been asked to reduce your hours? If so can you give me more details of what you are being asked to do.
Customer: replied 1 year ago.

No, not yet. We have a new CEO and I am aware of budget discussions going on which are confidential. This is a new departure as our (small) organisation was previously very transparent in financial discussions. We are all aware that our financial situation is tight and that we are looking at ways of cutting costs. I would like to prepare myself for such a situation. Thanks, Jenny.

Expert:  taratill replied 1 year ago.
If they are looking to reduce your hours for this reason and you do not agree then you will be in a redundancy situation on the basis that the 'need for a person to perform the role has ceased or diminished'. They can offer a reduction in hours as an alternative to being made redundant. This may or may not be appealing to you.
So the upshot is that you can refuse but by doing so you may be at risk of redundancy as they may decide that they can only afford to pay someone a certain number of hours.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks, ***** ***** helpful. My further question then is, that if I do refuse to a reduction in hours, and they say they can't continue to employ me for my current hours, I would be entitled to opt for redundancy?

Expert:  taratill replied 1 year ago.
that's right you would be able to tell them that it is a redundancy sitaution and say you want redundancy.
Customer: replied 1 year ago.

Thanks very much, that's clear. I feel I have a clearer understanding of my options to prepare for the situation should it arise.

Expert:  taratill replied 1 year ago.
No problem, I would be grateful if you would remember to rate my answer as I am not otherwise credited for my time. Do come back to me in the future if you need to.
Customer: replied 5 months ago.

We spoke last year when I was concerned about confidential cost-cutting discussions. I now have two questions, one in relation to my job description and the other to my working conditions.

1) My original contract was full-time. I have been working part-time now for two years by mutual agreement but my contract was never amended. What’s more, my role has changed very significantly to one with more responsibility and more interest. It has now been suggested that my job description should be revised to match what I do rather than what I was originally recruited for. (There has been no change in my salary.)

Have my rights been affected at all by the changes and, if not so far, would they be changed by a new job description linked to a new contract?

2) We will be leaving our office at the end of our current lease next summer. There is now talk of ‘going virtual’, but it is not feasible for me to work from home – and I wouldn’t want to anyway. It has been suggested that we could hire desk space on a more temporary basis.

I will at that point have been working in this office for almost 10 years. I am used to having a quiet office as I do a lot of proof-reading, and really don’t want to work in an open plan environment. Do I have any rights in relation to the workplace as one of my conditions of service, or would I just have to quit if I am given the choice of either working from home, or working in a more ‘hot-desk’ type situation and don’t find either alternative acceptable?

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