No contract, 13 years service, can his wages be cut?

jobhunter · #1 23-02-09, 05:23 PM

Hi there

Some advice would be urgently appreciated, I have been made redundant and looking for work and I am now seriously worried my Husband may have his hours cut or be made redundant. Even a cut in wages puts us in severe risk of losing our home.

What are his rights? He served as an apprentice for 3 years and then did 10 years service with the same firm always on a full time basis. As he has never been given a contract does that mean he could have his wages and or hours cut and have no rights? Also if he gets made redundant will he lose out due to not having a contract?

Like many others our savings are running out as his wage alone does not cover the bills.

Many thanks in advance for advice given!

Employee Advisor · #2 24-02-09, 12:49 PM

Thank you for your question, although I am sorry to hear that you have been made redundant and are concern that your husbands hours may be cut.

Firstly, if your husband is an employee of the company (no longer apprentice) he will automatically have a contract of employment. What he may not have is a 'written statement of employment particulars' setting out the terms and conditions of employment.

All employees taken on for one month or more are entitled by law to be given, within two months of the date the employment starts, a written statement setting out the main particulars of employment.

Employers sometimes have to make changes to terms and conditions of employment but including changing working hours. This change may be permanent or temporary and may be in response to the economic downturn.

Nevertheless, If your husband's employer wants to make changes, they should consult him or a representative e.g. trade union, outlining the reasons for the change, and listen to alternative ideas. it is unlawful for one party to vary the terms and conditions in the contract without the agreement of the other.

If your husband's employer is talking about a temporary change, he could be put on 'Short-time' where hours of work are cut temporarily. If this is the case, please return to the forum and we can give you further advice.

jobhunter · #3 24-02-09, 04:44 PM

Many thanks for your advice and knowledge! It is obviously very remiss that he was never given a contract in the first place, I feel though that if he asks for one now it could be to his disadvantage as they could put in it that his hours are not set (they have also never paid him by a salary but insted his monthly wage has varied according to the number of working days in a month) From what you have said it could be well worth him joining a union does it cost money to join one?

Thanks again!

Employee Advisor · #4 24-02-09, 07:08 PM

Thank you for your reply.

Normally there is a regular subscription cost for union membership.

Follow the link below to find out more about joining a trade union.

How to join a trade union

I hope things turn out well. Please let us know how things develop.