Full Time Worker but Working Hours Being Changed Without Discussion.

[neonitrix]

Firstly my wife started part time with this retailer back over 3 years ago, 4 months after starting work she changed to full time but was never given a full time contract despite requesting one on numerous occassions, and since that time has always worked full time hours.


My Wife is currently working 8 hour shifts over 7 day week. she isnt paid for lunch break of 30 mins each day. so is working 40 hrs - 2.5hrs lunch so is getting paid for 37.5hrs


now they have been told that trading hours are to change and her daily shift is only to be 7.5 hours ie: 7am - 2:30pm inc lunch break which she isnt paid for.

thus they are telling her to work over 5 shifts 37.5 hours minus the 2.5 hours lunch break is 35 hours.

are they allowed to only pay her the 35 hours or do they have to maintain paying a full time wage of 37.5 hrs.

this has all come about as the the trading hours of the shop have been cut.

contract says about layoffs / shorttime etc as in a generic contract if they were unable to provide work, this isnt the case here. as the store will still be trading 15 hours per day 7 days a week (this was 16 hours a day up until this week)

any help appreciated.


regards


Neonitrix

 

[number7]

In the current retail climate some retailers recognise that almost any changes can be attributed to the economic downturn and that they will get away with them.

They are probably right but the fact that they are reducing the trading hours would suggest to me that this is a genuine need. The changes proposed don't sound overly drastic particularly as the store is reducing its trading hours, don't think your wife can have any issues with the decision except perhaps the lack of discussion.

Issues of lunch unpaid and type of contract are side issues not related to the main question. imo

 

[neonitrix]

but would she still be considered full time if she only works 35 paid hours per week essentially they are imposing pay cuts by reducing hours but there are only 3 full time staff this affects the rest are part time.

as full time staff is she not obliged to be paid for 37.5 hours work, i would have assumed so, as any employment i have worked full time has operated under this rule.

she isnt part time afterall ie: is supposed to get a weekly wage and anything above normal working hours is paid as overtime?

tks

Neonitrix