Reduced hours

[Bomber99]

Hi all
My wife works in a care home and has been there for 13 years
A new company took over the home about 3 years ago and in April of those years they ask her to sign a new contract which she did.
The company have been having building work done and this has caused the home to reduce the number of residents until the building work has been completed. As from yesterday they asked all employees to sign new contracts to enable the company to reduce the amount of hours any employee works as and when they feel the need to.
As my wife signed her contract in April that last for a year can they legally reduce her hours?

Just to add she works 12hr shifts on a rolling pattern and contracted to do 38.5 hours per week

thanks for any advice given

[ULA]

If your wife is on a contract with an agreed shift pattern and hours of work per week then to make any changes, at least initially, they need to get your wife's consent.

I presume there is a corresponding reduction in salary and there is nothing in the terms of her current contract that allow for either short-term reduction in hours or a right to vary the contract.

When you say your wife was asked to sign a new contract each April since the TUPE transfer what is the rationale for this? Is your wife on a fixed term 12 month contract and if so how long has this been going on for?

[Bomber99]

Hi ULA
Thank you for your response and sorry for the late reply.
No fixed term contract. I miss understood my wife when she said the contract was for only one year.

There is nothing in the contract she signed in April that mentions reduction in working hours.

They have added a couple of clauses to the contract they have asked her to sign.

(1) The company reserves the right to implement temporary lay off or short time working when there is a reduction in work or operational requirements. Any such action will be taken accordance with statutory procedure.

(2) The company reserves the right to make reasonable changes to your terms and conditions of employment where necessary.

They have reworded one of the clauses to read;
Hours of work; your normal working hours are 38.5 Due to the nature of the care homes operations your hours of work may vary according to the needs of the business.

where as the contract she signed in April mentioned your normal hours of work are set out in your previous working agreement and shall continue to apply under this agreement. That agreement was signed under the previous owners and was contracted to 38.5 hours per week

The changes may be permissible, but the wife is worried as company have reduced the number of residents whilst building work continues they will be able to lay her off if she signs the new contract

once again many thanks for your help