The claimant commenced work for the respondent as a security officer and initially worked as a “floater”, working at different sites where the respondent provided security services to different customers. The respondent’s operations manager informed the claimant that a client had reached a decision to discontinue day time guarding on one site but could offer him night time shifts or day time work at the weekends. 

The claimant alleged that his employer fundamentally breached its contract of employment with him by unilaterally changing his hours of employment and reducing his hours of employment from 48 hours per week to 24 hours per week. In fact, the claimant could have continued with his normal hours for another 3/4 weeks, which would have afforded ample time for the issue of his hours to be sorted out. The tribunal considered that his resignation was premature and no breach of contract had taken place. The claim was dismissed.

Practical lessons

Employers may well encounter the situation where they need, for a variety of reasons, to reduce an employee’s hours. The employer here acted admirably by making an effort to make up the lost hours and the tribunal noted that attempts were made to find a shift pattern that would suit not only the employer but the claimant also. 

Unsurprisingly, the best advice in such situations is firstly to attempt to consult with employees and their representatives, detailing the proposed changes to their written statement of terms and conditions. Imposing a contract unilaterally will only result in a breach of contract and simply invites a constructive dismissal claim. 

In the case here, the employer 'warned' the employee a number of weeks before the hours were due to change. As it turned out, the employee’s insistence to push forward with his resignation despite reassurances from the employer only served to hinder his argument that a repudiatory breach of contract had occurred.

Case decision:
https://employmenttribunalsni.co.uk/OITFET_IWS/OnlineDecisionDocument2.aspx