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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Following consultation our voluntary organisation, a CVS,

Resolved Question:

following consultation our voluntary organisation, a CVS, has determined there must be some reductions in hours worked, and one redundant post. There is plenty of advice about the redundancy, but we need advice about change of hours. Will this necessitate a formal change of contract? What notice needs to be given?
If two years or more later we closed down, redundancy would be calculated on the then current hours worked. So could we make the 'lost hours' redundant now, as a goodwill effort? We are not averse to compensatory measures.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Have staff asked for anything in particular to get these changes pushed through?

Customer: replied 1 year ago.
Staff will be told today of proposed reduction in hours; the concern about how we might recompense is from our trustees.
Customer: replied 1 year ago.
I will stick with written queries
Expert:  Ben Jones replied 1 year ago.

You would not have to be making the current posts redundant, in fact you may not be able to do so if you are going to keep the employees on but just on reduced hours. So what you would have to do is implement the changes as a change to their existing terms and conditions. Ideally this would be achieved with their consent, but if that is not possible and you have to force the changes through then it is done by you terminating their existing contracts and re-issuing them with new ones incorporating the changes. So in effect you have to give them notice as per their contract (or the minimum statutory notice they are due) to end their current contracts before putting them on new ones.

It does indeed mean that once these changes have been made, any future redundancies will be calculated on their current pay at the time as previous pay bears no relevance to these calculations.

Compensating them is really a moral issue for you, not a legal one. A business is able to reduce hours if necessary and without having to compensate its employees, even if future redundancies will be affected. If you want to cover them for future redundancy payouts then what you can do is if you can see that the business may need to close, you can formally increase their hours leading up to the redundancy and then use these figures in your redundancy ay calculations, those being the ‘current’ rates.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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