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How long have the affected staff worked there for?
As this is a non-contractual policy, you do not have to worry about how to introduce it and that it may amount to a breach of contract. So the only issue here is really whether the new policy will be unlawful or unfair in any way. How you assign the hours to your workers is very much up to you, as long as it is not done in a discriminatory manner. Therefore, you must ensure that the factors you consider when allocating hours do not place anyone at a disadvantage because of their age, gender, race, religion, disability, etc. Based on what you have proposed to use, there are some potential issues, for example:• Performance – make sure that any performance issues attributed to a disability, sickness absence due to disability or pregnancy, and so on are not taken into account when assessing someone's performance. • Qualifications – unless it is absolutely necessary, try not to give automatic preference to more qualified staff as that can be indirect age discrimination. It could be argued that older workers are more likely to be more qualified and therefore younger workers can be placed at a disadvantage as a result.
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