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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I am just 65 and have requested to reduce my hours. my boss

Resolved Question:

I am just 65 and have requested to reduce my hours. my boss is unsure about affording me . Has he to give me notice to leave
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for please?

Customer: replied 1 year ago.
23 years
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. First of all whilst you have the right to apply to reduce your hours, the employer is not obliged to do so and they will be able to refuse your application if they show that they are unable to satisfy it on one or more of a number of legally defined grounds.

If they do not believe they can afford you anyway then they will potentially be looking at making you redundant. In the circumstances they would need to take you through a formal redundancy procedure and also pay you redundancy if your employment is terminated.

So yes, you can try and reduce your hours but if the employer is unable to complete that request because they can show it is impossible due to one of the specifically listed reasons and in turn they also do not think they can afford to keep you, then they will have to look at making you redundant instead.

This is your basic legal position. I have more detailed advice for you in terms of the reasons for which they can reject your request to reduce your hours and also what you would be due if they make you redundant, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 1 year ago.

Thank you. When a formal flexible working request is made, an employer can only reject it on a limited number of grounds. These are:

· Planned structural changes

· The burden of additional costs

· A detrimental impact on quality

· The inability to recruit additional staff

· A detrimental impact on performance

· The inability to reorganise work among existing staff

· A detrimental effect on ability to meet customer demand

· Lack of work during the periods the employee proposes to work

In addition, the employer has a duty to explain their rejection in writing. They must state why the specific business ground applies in the circumstances and include the key facts about their decision. These should be accurate and relevant to the reason used.

However, when selecting the ground for refusal the test is a subjective one on the part of the employer. If the employer considers that one of the grounds applies, then the test is satisfied. The test does not create any requirement of reasonableness into the employer's judgment. It would appear that only if the employer's view is based on incorrect facts, could the decision actually be challenged.

If they end up making you redundant then you would be entitled to:

· Your contractual notice period

· Any outstanding holidays

· Redundancy payment, which must be at least the statutory minimum (https://www.gov.uk/calculate-your-redundancy-pay)