Can My Employer Cut My Hours Without Agreement?

No. Your contracted hours are a term of your contract, and your employer cannot reduce them without your agreement unless your contract contains a clause that clearly allows it. A cut imposed without either is a breach of contract.

Your hours are a contract term

Your written statement of employment particulars records your normal working hours. A change to that term must be agreed by you and your employer. A proposal from your employer does not change your contract. Once a change is agreed, section 4 of the Employment Rights Act 1996 requires your employer to give you a written statement of the change within one month.

If you keep working the reduced hours and say nothing, your employer may argue that you accepted the change through your conduct.

When a flexibility clause applies

Some contracts include a flexibility clause, also called a variation clause, which lets the employer change certain terms. A general line saying the employer may change your terms does not give unlimited power. The clause must clearly cover the change being made, and your employer must use it reasonably. A clause allowing changes to your shift times is not the same as a clause allowing a cut in your total hours and pay.

Lay off and short time clauses

Short time working means your hours are reduced because there is less work. Your employer can only put you on short time with less pay, or lay you off without pay, if your contract allows it, an established custom and practice or a collective agreement allows it, or you agree. Without one of these, you are entitled to your normal pay.

Where lay off or short time is allowed, section 28 of the Employment Rights Act 1996 gives you statutory guarantee pay for any whole day you would normally work but are given no work. GOV.UK states the rate as £41 a day for up to five days in any three month period, a maximum of £205. You need one month of continuous employment, and you must not refuse suitable alternative work.

If you are laid off, or on short time earning less than half a week's pay, for four weeks in a row or six weeks within a 13 week period, section 148 of the Employment Rights Act 1996 allows you to claim a redundancy payment by written notice. The notice rules are strict, so take advice before you act.

When your pay drops

If your employer cuts your hours without a contractual right and pays you less as a result, the shortfall is an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996. You can claim it in an employment tribunal under section 23 of the same Act.

Working under protest or resigning

If the cut is imposed, you have three main routes.

1. Work under protest. Keep working, but tell your employer in writing that you do not agree to the change and are working under protest. ACAS advises repeating this in writing, for example each time you are paid.
2. Claim the lost pay as an unauthorised deduction, or claim damages for breach of contract.
3. Resign and claim constructive dismissal under section 95(1)(c) of the Employment Rights Act 1996, where the cut is a fundamental breach of your contract. Resign promptly, because delay can be treated as acceptance. This is a serious step and these claims are difficult to win. You need two years of service for dismissals before 1 January 2027, and six months from that date (planned, subject to Parliament).

From 1 January 2027, under the government timetable for the Employment Rights Act 2025, dismissing an employee for refusing to accept a cut in pay or overall working hours is planned to become automatically unfair, subject to a narrow financial difficulties exception.

Acas states that time limits for employment tribunal claims increased from 3 months to 6 months on 1 October 2026. The 3 month limit may still apply to problems that started before 1 October 2026. Check your deadline early and seek advice.

An example

A care assistant with three years of service, contracted for 37.5 hours a week, was told at a team meeting that her hours would drop to 30 from the next rota. Her contract had no clause covering a reduction in hours. She worked the new rota, wrote to her manager that week to say she did not agree and was working under protest, and kept each payslip showing the shortfall. Her written objection shows she did not accept the cut, and her payslips evidence the shortfall.

What to do next

1. Read your contract and written statement, and note your contracted hours and any flexibility, lay off or short time clause.
2. Ask your employer in writing which clause it relies on.
3. Put your objection in writing and say you are working under protest.
4. Keep every payslip, rota and message about the change.
5. Raise a written grievance if the cut continues.

Do not accept reduced hours by silence. Write to your employer, state that you do not agree, and keep a copy.

Frances N.U