Q. My contract of employment is for 42 hours a week. My employers want to cut down on overheads and reduce my hours to 37 a week. Can they do this, and if not, what can I do about it?

A. If your contract doesn't allow your employer to vary your hours, any change will have to be by agreement. If you don't agree, your employer could give you notice to end your current contract and offer you a new contract. At this point, as long as you have worked for the employer for more than a year, you could refuse the new contract and claim unfair dismissal at the employment tribunal. The tribunal would take into account a wide range of factors in deciding whether the dismissal was fair or unfair. If your employer can show that cutting overheads was vital to the survival of the business, the tribunal might think it was fair to reduce your hours, particularly if everyone else has agreed to do so. If your employer didn't dismiss you, but instead simply imposed the change, you could make a claim for breach of contract or unpaid wages while remaining in employment. You need to take specific advice from an employment specialist before making any decisions.

Away from the counter

Q. I work at a newsagents 15 hours a week. I do not get paid for holidays, but I have a friend who works the same hours as me in another newsagents and she does get paid. Which is correct?

A. Under-16s are not entitled to paid holiday leave, but if you are above school leaving age you are entitled to paid holiday. If you are above school leaving age and work 15 hours a week you will be entitled to 5.6 weeks off a year paid at your normal rate, in other words 84 hours' pay.

Parting gift

Q. I left my job a couple of months ago and received my final salary. But the following month I was paid a full month's salary, and the same thing happened the month after that. I have now received a letter from the company demanding the money back. I've been told by a friend that from a legal point of view this is their error and would be classed as a gift. Can I keep the money?

A. No. The fact that you've been paid in error doesn't give you any entitlement to the cash. I suggest you make arrangements to repay the money by instalments if necessary.

Karen Bussell is an employment specialist in the commercial team at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444 or email law@nash.co.uk Website: www.nash.co.uk If you have a legal problem, write to You and the Law, Room 101, Western Morning News, Brest Road, Derriford Business Park, Plymouth, Devon PL6 5AA, or leave your query on our Legal Adviceline 0117 964 4794.