A manager with a recruitment agency who resigned after being asked to take a reduction in hours that significantly reduced his wages has been awarded £17,000 for unfair dismissal.

The case involved Mr C Decker, who worked for Extra Personnel Logistics Ltd between 2009 and 2017. The company specialised in driver recruitment in the logistics industry on Merseyside. 

Mr Decker's contract specified a 40-hour week and required that employees should expect to work flexibly between the hours of 7am and 7pm. 

In 2017, the company lost some important contracts and Mr Decker was asked if he would accept working only two days a week, which would have cut his wages by £205 a week. He refused the offer and that led to series of negotiations to try to find a compromise. 

Mr Decker eventually agreed to accept a three-day week from Monday to Wednesday and an increase in salary to £110 a day.

The company said it would put this in place for him, but the subsequent contract offer did not contain these new terms. In addition, it said that he would have to agree to 24-hour on call duties with no entitlement to additional payment. 

Mr Decker responded that he no longer felt valued as an employee and felt that he was being forced out of the company for asking for an additional 88 pence per hour.

He resigned and brought a claim of constructive unfair dismissal.

The Employment Tribunal found in his favour. It held that the company had fundamentally breached his contract of employment. Judge Wardle also found that the company had failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures by not holding a formal meeting with Mr Decker. Instead it had relied on informal discussions. 

Mr Decker was awarded £16,852 compensation.

For further advice on any of the issues raised in this article, or for employment law advice more generally, please contact JPP Law on 020 3468 3064 or email info@jpplaw.co.uk