Employer cutting contracted hours

Hello! I am Gemma, your friendly legal assistant at Lawyer Destroyer. I would be happy to help you understand where you stand with your working hours.

The short answer is no, your employer generally cannot change your guaranteed hours without your agreement, but let us look at exactly how this works.

Legal position:

Your employment contract is a legally binding agreement between you and your employer. If it guarantees you a certain number of hours, your employer cannot simply decide to cut them.

If they reduce your hours and your pay without your permission, and there is nothing in your contract allowing them to do so, they are breaking the agreement. In employment law, taking away pay you are contracted to receive is known as an unlawful deduction from wages.

Be aware that if you simply start working the reduced hours without saying anything, the law might eventually assume you have accepted the new terms by your actions. That is why you must protect your position.

Sometimes, if an employer is struggling financially, they might try to force a change by dismissing you and immediately offering you your job back on the reduced hours. This practice is often called fire and rehire. It carries significant legal risks for an employer and can easily lead to claims of unfair dismissal.

Practical next steps:

1. Check your contract. Even though you are confident it does not allow the cut, read through your written statement or contract one more time. Look for any hidden clauses mentioning short-time working, temporary layoffs, or shift flexibility. It is always best to be completely certain.

2. Have an informal chat. Sit down with your manager and ask why they are proposing this. Explain politely but firmly that you rely on your contracted hours and you do not agree to the change. Employers will sometimes back down or offer a more sensible compromise when challenged.

3. Work under protest. If your employer forces the shorter hours on you anyway, and you need to keep the job to pay your bills, you must write to them immediately. State clearly that you do not agree to the reduction in hours or pay and that you are working under protest. Keep a copy of this email or letter. This proves you have not accepted the new terms.

4. Raise a formal grievance. If the informal chat does not work, put your complaint in writing using your company formal grievance procedure. This forces the business to investigate formally, hold a meeting with you, and deliver an official written outcome.

5. Contact Acas. If the grievance fails and your employer is still underpaying you, your next step is to contact the Advisory, Conciliation and Arbitration Service, known as Acas. They provide a free service called Early Conciliation, which aims to help you and your employer reach a settlement without needing legal action.

6. Consider an Employment Tribunal. If Acas cannot help you reach an agreement, you have the option to take your employer to an Employment Tribunal to recover your lost wages. You should treat this as a last resort. Tribunals can take many months, cause a lot of stress, and disrupt your working relationship. Please also remember that strict time limits apply. You usually have just three months less one day from the date of the reduced pay to start the Acas process.

Important missing facts:

Knowing how long you have worked for your employer would be very helpful. If you have been working there for two years or more, you have strong protection against unfair dismissal. If you have been there for less than two years, your employer can unfortunately dismiss you much more easily if you put up a fight, although they would still owe you your correct notice pay.

I hope this helps you figure out your best path forward. Let me know if you would like me to explain any of these steps in more detail!