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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, Closure of the shop has still not taken place, but

Customer Question

Hello,

Closure of the shop has still not taken place, but the manager still makes periodic reference to it and may take place at year end.
Following illness and a business slowdown, he is now contemplating closing for an additional day on which I work, so reduced hours is a very real possibility. Can he do this, without affecting my redundancy rights

He is also suggesting, that if I wish, I can look elsewhere for another job but, obviously I do not wish in view of Notice/Redundancy rights. He acts as if they do not exist !

I last wrote to to you on 7 April 2013 when I thought shop closure was imminent, but this never materialised.

regards
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. I will just check your last question to familiarise myself with your situation, won't be long

Ben Jones :

ok thanks, ***** ***** clarify - you have usually worked for 3 days a week, but how many are you working now?

Customer:

I am still working three days per week _ total 15.5 hours

Ben Jones :

ok so he is only contemplating closing for one day and this will take you down to 2 days a week if it goes through?

Customer:

That right, unless he requests I work another day in lieu

Ben Jones :

He can try and reduce your hours if needed but technically that would amount to a breach of contract without your consent. Even if you do not have a written contract in place, one would be implied and the likelihood is that you would be contracted to work 3 days a week for 15.5 hours, so reducing that would go against your contractual terms. If he does that and you are not accepting it you could state that you are 'working under protest', which means you disagree with it but feel forced to work it as you have no other option. Your redundancy rights will remain unaffected. Even if you did get a second job alongside this one, your redundancy will not be affected - you will still have a contract with the current employer and if you eventually get made redundant by him, you will still be entitled to redundancy as usual, regardless of whether you have another job on the side - as long as you remain employed by him and do not resign, then you will be covered under redundancy laws in the event he makes you redundant.

Customer:

At the moment, he is likely to say, " if you dont like it you can look elsewhere for employ" notwithstanding over 13 years faithful service,

Customer:

Do I understand, that should this happen, my redundancy rights still remain against him, on the basis of three days a week,

Customer:

Wait to hear from you with thanks

Ben Jones :

Hi, sorry got called away for a few minutes. You are correct that your redundancy rights will remain unchanged, based on the 3 days per week, as long as you do not accept the reduction (i.e. state that you reject it and are working under protest - in writing) and considering you do not actually resign. Obviously if you find yourself in a position where he is not giving you the hours and refusing to make you redundant, then you can eventually resign and make a claim for constructive dismissal, the compensation for which would also include a redundancy payment you should have received

Customer:

I understand - thanks again for your expert and detailed responses.

Customer:

Kind Regards Les positive feedback will be left with thanks

Ben Jones :

You are most welcome. thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Feedback


 


Very pleased with the clear detailed information given by Ben Jones


in answering my question which was dealt with quickly


 


Many thanks


 


Les Jones


 

Expert:  Ben Jones replied 3 years ago.
Much appreciated, thanks