We recently took over a business where none of the employees had any contracts. We issued new contracts which does say from time to time peoples hours will change to suit the business and they will be required to be flexible. We took all staff on and retained the rota’d hours.

After a period of time we assessed the job roles, when and where people were working, trading patterns and due to financial constraints where we can become more efficient.

I have tried to discuss with 1 person (cleaner) the need to change their hours from a midweek morning to a sunday morning but with only negative response. After trying to discuss this a few times and getting no joy I informed the individual that due to the needs of the business we would probably not be needing them in on tuesday morning as trade doesn’t justify the need but would require them in on a sunday. I did not discuss timescales but it would not have been immediately probably a few weeks notice which I would have discussed.

This individual said they would not work a sunday (and not for religious reasons but hasn’t given one) and has since handed their notice in saying they just not working sundays full stop!.

I have explained to them we don’t want them to leave but need to change things to suit the business. The business is a pub/restaurant with no cleaners in on a sunday morning following the busiest trading day. On the flip side there is no need for a cleaner in on a tuesday.

We have altered other peoples hours with no problems.

Am I being fair and reasonable as worried this person could claim constructive dismissal?