My colleague was told on Friday that from 1st of January his hours will be reduced from full time (5 days a week), to 3 days a week.

Can they do this? He has worked here 7 years, and always full time.

He doesn’t have an employment contract though.

He doesn’t have an employment contract though.

Contracts don’t have to be written down, but IANAL.

Depends on the nature of the verbal agreement. At least they warned him in advance I guess

If he has no written contract he is assumed to have a contract in line with what he has been doing and what others do at his workplace.

No they cannot change his hours without his consent. They could however make him redundant if the post is no longer needed.

As usual – join a ruddy union!

If he has no employment contract they can do whatever they choose. Effectively a zero hours contract. Does he get sick pay and pension etc?

Sick pay yes – pension no.

no one has no contract and everyone has to do so the defence of no contract is a non starter for the company doing what it pleases

All employees have an employment contract with their employer. A contract is an agreement that sets out an employee’s:

employment conditions
rights
responsibilities
duties
These are called the ‘terms’ of the contract.

Employees and employers must stick to a contract until it ends (eg by an employer or employee giving notice or an employee being dismissed) or until the terms are changed (usually by agreement between the employee and employer).

If a person has an agreement to do some work for someone (like paint their house), this isn’t an employment contract but a ‘contract to provide services’.

Accepting a contract
As soon as someone accepts a job offer they have a contract with their employer. An employment contract doesn’t have to be written down.

Its highly unlikely they can change hours without discussion and we are into the realms of constructive dismissal as it will most likely be covered a substantive change to terms and conditions of employment

Has anyone else been affected – do they do a specific job or are there others in similar roles? If yes to the later than why have only they had hours reduced etc

No – he has an unwritten contract after 7 years full time that reflects his hours of work and pay and conditions to date. This is 100% so. Not having a written contract often gives you a stronger position as there can be no weasel words in it.

He has the rights of a full time permanent employee the same as the others there.

They cannot change his hours without his consent. Check acas or tuc websites

Is he on the payroll, paid weekly or monthly and for a set number of hours?

Similar happened to my wife (although in her case they were claiming she was ‘not needed’ any longer) and she used the fact she was paid as per the above to indicate employee status.

Practically – they can do what they like because ultimately you have to agree, otherwise they can just do away with the job. But they still have to follow processes and procedures.

He’s paid monthly and is on an annual salary.

So they can’t change anything without his agreement. As I said, deciding not to give the agreement may lead down other routes of being made redundant, but if he can’t survive on 3 days a week he needs a new job anyway and better to do that with some cash while searching.

[edit] – or offer to happily work 3 days a week, on the same annual salary 😉 [/edit]