employer changing wifes contract

[browngirl]

hi all,

my wife has worked for the same company for about 6 years, she has always worked 5 nites per week and 34 hours per week, 4 months ago the assistant manager was transfered to another branch (temp cover) and his shifts were filled with new starters, my wife neither changed her work days or contracted hours, now the person who left to temporary cover another store is coming back, they have told my wife that she is having her contract changed to 17 per week (they are not getting rid of any of the new starters, but they are having there contracts changed, although not as drastic as 50%, like my wife)

now ive an easy solution, i go down kick off and smack 2 ton of wotsit out of the manager.

but, my wife being the more level headed one out of the 2 of us, wants to know what her rights are, so can they do this?

thanks

[elaniel]

What does her actual work contract say? Does it say 34 hours and they're cutting it, or was it around 17 hours to begin with, but always worked more?

I worked somewhere and was given a 20 hour contract. Always worked 40 hours, until the store finally got an assistant manager (I was effectively acting assistant manager) and they cut me down immediately after 2 years to 20 hours.

[browngirl]

nah her contract is for 34 hours per week (has been for 6 years), she made no changes when the new starters were taken on to cover the other person.

[Rep]

Now I've an easy solution, I go down, kick off, and smack 2 ton of wotsit out of the manager.

[Brad]

This happened to my wife too. What they're effectively doing is terminating her existing contract and offering her a new one. So, they're making her redunant. So, she's up for some kind of redundancy package or she accepts her new job.

[browngirl]

as i said, my wifes more level headed than me............. its the way i was bought up by my stepdad, nobody crosses family (but thats a topic for another thread at a later date lol)

[abigsmurf]

You don't have to accept the contract but they don't have to continue employing her if she doesn't. However if she does refuse the new contract, she's entitled full notice and any redundancy she's accrued.

If they say by not accepting the redundancy she's quitting, it's an open and shut case of constructive dismissal. It's also constructive dismissal if she's being unfairly targeted for this and they're gunning for her to quit.

[browngirl]

cheers people, they are not treating everyone fairly the more useful ones that open up and lock up, for no extra hourly pay, ie so the manager can have an easy life, are not having there contracts changed (theyve worked there less than 6 months too) the ones that were taken on temp are having between 4 and 8 hours cut (my wife is having 50% / 17 hours cut)

will find out more later as there having a meeting tonight about it.

[Spatial]

now ive an easy solution, i go down kick off and smack 2 ton of wotsit out of the manager.

browngirl in the ring, tra la la la lah...



(flippant Boney M jokes aside I hope it works out - if all else fails there's always Citizens Advice who might be able to advise further).

[Mayhem]

If BigSmurf hadn't said his words, I would be saying it instead. It's something the members of my (now ex) team looked at when we thought we would be forced into signing new contracts at worse terms that what we currently had.

[browngirl]

browngirl in the ring, tra la la la lah...



(flippant Boney M jokes aside I hope it works out ).

this is where my user name comes from, surname is brown and thats what people would try and tease me with at school........

[Robster]

If an employer is changing your contract there is a consultation period of 90 days required by law.

Employers cannot just change it with immediate effect. If your wife refuses to accept the contract then she is entitled to redundancy pay, but she will be out of a job.

This is according to Scottish law but Im pretty confident it applies south of the border. Try and speak to ACAS arbitration service and they will advise re employment law.

Try to stay away from CAB as they are mince.

[Robster]

as i said, my wifes more level headed than me............. its the way i was bought up by my stepdad, nobody crosses family (but thats a topic for another thread at a later date lol)

In this situation the pen will be mightier than the sword, fight smart and beat them at their own game.

[Spagoli]

Not right in England dude. They can change it so long as consultation is meaningful and there is a legit business reason. Your 90 days reference prob related to the consultation periods for redundancy but its only then when its in excess of 100 people. That said I agree about CAB as much use as a handbrake on a canoe! Ultimately I'd say asserting your rights is all well and good but if you want to make an omelette you've gotta be prepared to crack a few eggs and generally no-one ends up happy with an eggy mess

If an employer is changing your contract there is a consultation period of 90 days required by law.
.......Try to stay away from CAB as they are mince.

[huxley]

If she has worked these hours for 16 weeks or more then you have a strong case.