reducing my hours?

[noogles]

Hi there,I am after some advice, I have worked for my current employer for nine years. When I returned to work after havind DS I had to return as a sales advisor on 16 hours (was previously full time assistant manager). I reduced my hours to 15 (due to childcare and Dps hours) and have done these for the last 3-4 years.

We have just got a new manager and her and my area manager(she used to be old manger who took me back on 16 hours) are redoing the rotas as they feel that they no longer meet the needs of the business - basically they have told me they either want to increase my hours to 16 -meaning I have to work an extra evening or weekend shift(which I am unable to do) or reduce my hours to 13 and a half. when I spoke to my area manager she said it was because at the moment I do 5 hour shifts resulting in a 20 minute break which they feel is unnecessary.

Sorry to waffle but just wanted to know where I stand in this? Do I have any rights at all?

[flowerybeanbag]

noogles couple of points. Just out of interest, why did you return as a sales advisor when you'd previously been an assistant manager? Did you request a reduction in your hours on your existing job and was it refused?

Secondly, legally you don't actually have to have a 20 minute break until you've been working for 6 hours, not 5. Obviously I wouldn't normally encourage working with less breaks, but just to let you know that. I am assuming that the 5 hours with a break rule is an internal one at your company - everyone else has a break every 5 hours so they couldn't make an exception for you?

If your employer want to change your terms and conditions they can't just do it, they must consult with you, listen to any suggestions you might have or concerns, and you can refuse. Having said that, if there's genuinely a business need to do it, it might be tricky for you to refuse to consent, they could force it through and if you still refuse you'd have to claim unfair dismissal, a tricky process that you'd be fairly unlikely to win if there was a genuine business need.

BUt they must go through the various hoops, so make sure they do, see here about what they should do, and here about what happens if you refuse to accept the changes.

As you can see, they must consult with you or your union if you have one, at which point they must listen to suggestions. Can you really not do the extra they are requesting, or would you just rather not? And if you can't, can you think of any other way to solve their problems, any other solutions to the business issues they are referring to? Talk to your union if you have one about this.

[noogles]

Hi fbb,we dont have a union btw. Bit of a long story about why I returned as a sales advisor so bare with me - basically when i was pregnant I had discussed with my manager at the time returning on a job share as a part time assistant manager,we had agreed verbally but nothing was ever written down and signed.
The current manager then resigned and two weeks before I was due to go back the new manager contacted me saying that the old manager should not have said that I could do this - que a few meetings with new manager and HR officials - I couldnt do what i originally planned to do so had to reduce hours and title and money!!
I think I probably had some grounds to take them to tribunal? but was young and desperately needed the job!! this cut in everything led to DP,DS and I losing our flat and having to move in with my mum! 4 and a half years later we have just been able to get our foot on the ladder again and now we've hit yet another obstacle!!!
Sorry waffling again, I cant do the extra hour as it means another shift,my mum has DS while Im at work for 3 eves at the mom and Dp works most weekends. I have noone to have DS in school holidays so days are a nono!!
Btw I work for a rather large company,and it would probably shock you who they are as they are very ethics orientated!

[noogles]

Sorry fbb,so can I say that I am willing to not have a break? I rarely do anyway so it wouldnt really make any difference to me and I would be quite happy with this?

[flowerybeanbag]

that's a shame, sounds as though you probably could have taken that further when you returned to work, bit late now of course.

I doubt it would shock me tbh, sadly! Hopefully their practices have improved since 3-4 years ago! In terms of what they want to do now, there's nothing actually wrong in it, as long as they follow the appropriate process as I've linked to, and there is a genuine business need, which it sounds as though there might be.

If they are redoing the rotas, is it affecting anyone else? If not, why is it you that has to change, is there no other adjustment that would meet the needs of the business? You don't need to answer, but try and think as creatively as possible about how else the problem could be solved?

Something else to consider, you could put in another flexible working request. Changing shifts to fit in better with your home life would come under that, it doesn't just need to be about reducing hours. If you put in a flexible working request, the onus is then on them to demonstrate why they can't agree to your request. Might be worth considering? See here about what you'd need to do.

[noogles]

Sorry fbb,so can I say that I am willing to not have a break? I rarely do anyway so it wouldnt really make any difference to me and I would be quite happy with this?

[flowerybeanbag]

Depends. If it's a rule that they have put in that you must have a break every 5 hours, and it would cause problems with others if you don't, then you should. But you can certainly suggest it as an option.

[noogles]

Thanks for the help x