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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9339
Experience:  I have been practising for 30 years.
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Please could you give me some advice. I am just recently

Resolved Question:

Please could you give me some advice.
I am just recently divorced. In fact last saturday. I have worked with my now ex husband for 23 years in the family business. I have helped build up the business and went from 5 days to 2 days due to bringing up our children. I have not had a pay rise for many years. He is the Director. I have worked for 2 days for the last 10 years or more. He is now asking me to work 5 full days for the same pay. is this allowed I have not got a contract. He has only given me 5 days notice. He has given me a letter. My working days are tuesday and thursday. So I am reluctant at the moment to go in on this coming monday. I just wondered if I had any rights.
Please advise. Thank you
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

The fact that this may be your ex-husband is not relevant.

An employer cannot unreasonably vary the terms and conditions of work without your consent.

You went from 5 days 2 days with mutual consent and that has been the situation for some years.

He cannot now ask you to go back from 2 days to 5 days unless you agree or there was an early agreement that once you had brought the children up, you would revert to the 5 days.

If you ask for a contract, he has to let you have one. If he doesn’t, you can take him to tribunal to make him.

Can I clarify anything for you?

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The thread remains open for further exchanges.

Best wishes.

Customer: replied 10 months ago.
The fact of going back from 2 days to 5 days was never mentioned. No I have not agreed to it. could he sack me for not going in on monday
Customer: replied 10 months ago.
will just keep my head down.
Customer: replied 10 months ago.
Can he deduct my pay If I don't agree.
Expert:  F E Smith replied 10 months ago.

If he sacked you for not going in Monday, you have a tribunal claim for unfair dismissal.

If you deduct your wages for not agreeing, and doesn’t pay was agreed that you would be paid, then you have a claim to bring in the tribunal or County Court for unlawful deduction from wages. Deduction also includes non-payment.

Remember you only have 3 months from dismissal to bring a claim in the employment tribunal and if you are just 1 day late, your claim will be thrown out so, if it does happen, don’t hang about.

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