# Boss acting the b****x!!!



## Mr.Wonder (15 Jun 2005)

My girlfriend is having a hard time in work as you may have seen from some on my previous posts. the latest thing now is the boss is changing the working hours. From day 1 (4.5 years ago) they have worked Tuesday - Saturday. yesterday they were informed that they would now be required to work Mondays (effective next Monday!!) and this was not up for discussion. They will get a day off during the week at their employers convenience. Can you just change peoples hours without even consulting them? (Again she STILL has no contract)
She told him she did not want to change hours or go on commission as in the previous mail. Rang the DETE who confirmed he could not force her to go on commission but his answer was " Its my salon and I can do what I like!"

Also she questioned her current hours. Works 8.45 - 6pm Tuesday - Friday with 1hr lunch and 8.45 - 5pm Saturday with NO LUNCH BREAK ENTITLEMENT????
She asked about overtime for the extra hours and lunch on a Saturday. Told her first that she only does 39 hrs. Pointed out to him the exact hours worked and he just told her that was her tough luck, she would be working the extra hours and that is that. 

Sorry for the length of the post but she is at the end of her teather, She feels he is trying to force her to leave as she is pregnant and he has a history of forcing people out (2 or 3 previous employees left while pregnant saying it was due to his treatment of them after they became pregnant.) Any idea where she stands on these issues?


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## gargamel (15 Jun 2005)

If she could get statements from the other people who were forced to leave after becoming pregnant she might have a case.
I'm sure there is an agencey she can go to but i cant remember the name of it.


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## contemporary (15 Jun 2005)

if we works more than 4 hours we is entitled to a break, if she works more than 8 hours she is entitled to a lunch break



He is trying to force her out because she is pregnant, I have seen this pattern over and over.




look up constructive dismissal. 

Tell her to keep a diary of all things that he says and does.


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## ubiquitous (15 Jun 2005)

Pray to God that her employer doesn't read AAM!


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## Mr.Wonder (15 Jun 2005)

I can only assume he does not read AAM as if he did he may realise that he cannot do the things he is trying to do!!! Specifically, does anyone know what the situation is as regards changing her hours?? Can he just do this at the drop of a hat??


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## ajapale (15 Jun 2005)

Hi Mr W,

Is your girlfriend a member of a trade union? This is the sort of thing they deal with on a daily basis.

ajapale


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## paddyc (15 Jun 2005)

Get her to keep a diary of it all and if she really feels she has to leave maybe consult a solicitor about it before she does go to make sure she has a case for constructive dismissal


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## Mr.Wonder (15 Jun 2005)

She is not a member of any union unfortunately or she might not be having these hassles!! Has anyone ever taken a constructive dismissal case forward and if so,
1. What information would be useful / necessary
2. What level of "abuse" are you supposed to reasonably accept? 

She feels like she is getting bullied at the minute so that is definitely not a healthy environemt for her to be working in.


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## Purple (15 Jun 2005)

Phone the Equality Authority and ask for their advise if she feels her being pregnant is the core issue.
Phone the Department of trade and employment for the other issues raised.
She is entitled to a lunch break on Saturday.
Her employer cannot change her working hours without her concent.


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## Humpback (15 Jun 2005)

Mr.Wonder said:
			
		

> does anyone know what the situation is as regards changing her hours?? Can he just do this at the drop of a hat??



Are working hours not an issue of contract when you start your job - conditions of employment?

Changing hours would need to involve a change in the contract, and therefore needs agreement by both parties????


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## tonka (15 Jun 2005)

It implies a written variation to a written contract but as he never issued her with a  contract he cannot vary it can he ?


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## Mr.Wonder (15 Jun 2005)

The fact that there is no written contract is what snookers me. If there was a written contract stipulating precise working hours then no worries, a contract change would be required and that would need approval from the employee I assume! As i stated previously he says that its his salon and he can change what he likes!!! 

Purple, How sure are you that he cannot change her hours?? Dont want to go telling him that its not possible for him to change the hours without consent unless I am 100% certain and can back it up. Not doubting you, but just wanting to have facts to fall back on!!!

http://www.labourcourt.ie/labour/labour.nsf/LookupPageLink/HomeSearch

The website above shows a hairdressers entitlement to breaks O/T etc so its a useful document for me! Just wanted to share!!!


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## ClubMan (15 Jun 2005)

Not everybody will get a written contract of employment even though an implicit contract may exist. However the employer is legally obliged in most cases to provide employees with a written statement of the terms and conditions (including working hours etc.) pertaining to the job.


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## Mr.Wonder (15 Jun 2005)

Clubman,

I have advised her to insist that he provides a contract ASAP. However as one does not exist presently its a little awkward to argue the point on the working hours. As she has been working there for so long on fixed hours would it be fair to assume that these are her normal working hours contractually even though no written contract exists?


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## ClubMan (15 Jun 2005)

Mr.Wonder said:
			
		

> As she has been working there for so long on fixed hours would it be fair to assume that these are her normal working hours contractually even though no written contract exists?



I would have thought so - yes. Perhaps she should contact the DETE Employment Rights section for advice or, at least, apprisal of her statutory rights in this situation?


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## contemporary (15 Jun 2005)

Mr.Wonder said:
			
		

> Clubman,
> 
> I have advised her to insist that he provides a contract ASAP. However as one does not exist presently its a little awkward to argue the point on the working hours. As she has been working there for so long on fixed hours would it be fair to assume that these are her normal working hours contractually even though no written contract exists?


 
this could backfire though as the new contract would have the working hours and conditions that he wants and not what your good lady is looking for.


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## Purple (17 Jun 2005)

As she has been working the same hours for a couple of years a precedent has been set even if it is not written into a contract. He cannot change this without her consent in the same way that he can't change her rate of pay without her consent.
Call the DTE for the exact legal position but that's the way it works.


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## CMCR (17 Jun 2005)

It is sad to hear that any employee is experiencing such difficulties with their employment rights.  Suggest you read through the following information and this should clarify and I hope explain the situation. 

You mention your partner works in a 'salon'.  Presuming therefore she is employed as a hairdresser/barber/beautician/manicurist or a trainee/apprentice of any of those professions?  You may not be aware, but there are specific agreements between industry and the Labour Court that regulate the pay and employment rights of some employment sectors. They are called JLC Agreements (or Joint Labour Committee Agreements).  

Hairdressers, beauticians, manicurists (and trainees) in the County and County Borough of Dublin, the Borough of Dun Laoghaire and the Urban District of Bray, and those employed in Cork are all covered by these agreements. The agreements set down specific rules regarding the hours of employment, breaks, pay, etc. for  those employed in those professions in those parts of Ireland.  Read these agreements here: http://www.labourcourt.ie/labour/labour.nsf/LookupPageLink/HomeRatesOfPay

These employees of course also enjoy the full protection of the law under normal employment rights. If this employee is employed outside of those geographical areas, they are not covered by the JLC but their terms and conditions of employment are protected in law, just like everyone else. 

If this employee works in a geographical area covered by the JLC agreement, then details regarding her breaks are set down in the JLC agreement.  Details about how breaks, etc. are calculated for all other employees is here: 

It is illegal for an employer to deny an employee time off work for rest during the day.  This is a matter that should be reported to the Employment Rights Unit at the Department of Enterprise, Trade and Employment. 

Employees are not entitled to written contracts of employment.  I would suggest therefore that you don't act on other advice above and insist she requests one from her employer.  The law however, (see Terms of Employment Information Act 1994) states that certain terms of contract must be available to them in writing.  

*Hours of work* and *details of rest periods and breaks required by law* are just two items that must be made available to the employee in writing. The employee is entirely within their rights to request this information in writing but regarding details of their hours of work and overtime, the employer doesn't have to provide this information to everyone individually.  Instead, they can refer you to another document (i.e., a collective agreement, etc.). 

It may occur in employment that changes to working conditions can occur by implication - rather than formal agreement.  For example, if you're requested to start at 8:30 a.m. instead of 9 a.m. you can do so and continue with this starting time.  Even though, there has been no formal agreement to change the starting time in the contract.  The fact an employee has continued with the earlier starting time over a period could mean there's been an implied change in the contract and unfortunately, the employee could be bound by this. 

It's difficult to know however, as you don't state how long the new working arrangements have been in place so it is questionable as to whether the employee could be bound to simply accept the changed arrangements. 

However, Section 17 of the Organisation of Working Time Act 1997 does cover the issue of provision of information in relation to working hours.  It basically sets down the notice periods employers are required to give to employees, where they require them to work additional hours, etc.  

I would think however that major changes such as changes in the day of the week employed is a significant change to a contract that cannot simply be imposed by one party on another.  

The Courts in Ireland take a dim view of any employer who infringes the rights of pregnant employees.  Maternity Protection legislation, equality legislation and employment rights legislation are at one on this issue.  If this woman leaves her job on the basis of the behaviour of her employer and her experience in his employment she would seem to me to have a strong case. 

However, before anyone rushes off to complain to any authority - make sure every effort to resolve these issues has occurred between the employer and employee.  Sometimes, employers are ignorant of employment rights and when escalating these matters, organisations like the Equality Authority, etc. want to see that you have made every effort to resolve the matter before seeking redress elsewhere. 

A useful booklet entitled 'Employment Rights Explained' is availble FREE OF CHARGE from your nearet Citizen Information Centre.  Leaving a few copies of this book around your colleagues and your boss might help start off this process.  

This employee remember - hasn't left the employment yet so until they do so (or are driven to it), matters such as constructive dismissal, Equality Tribunals, etc. are not an issue. 

I hope the above information has been of assistance and has clarified matters.


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## foxylady (20 Jun 2005)

Mr.Wonder said:
			
		

> My girlfriend is having a hard time in work as you may have seen from some on my previous posts. the latest thing now is the boss is changing the working hours. From day 1 (4.5 years ago) they have worked Tuesday - Saturday. yesterday they were informed that they would now be required to work Mondays (effective next Monday!!) and this was not up for discussion. They will get a day off during the week at their employers convenience. Can you just change peoples hours without even consulting them? (Again she STILL has no contract)
> She told him she did not want to change hours or go on commission as in the previous mail. Rang the DETE who confirmed he could not force her to go on commission but his answer was " Its my salon and I can do what I like!"
> 
> Also she questioned her current hours. Works 8.45 - 6pm Tuesday - Friday with 1hr lunch and 8.45 - 5pm Saturday with NO LUNCH BREAK ENTITLEMENT????
> ...


 
If she does decide to leave on grounds of constructive dismissal , she can take a case with the employment appeals tribunal. The relevant form which is called a t1a ia available on www.entemp.ie under the employment appeals section.


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## Purple (21 Jun 2005)

Excellent post CMCR


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## Mr.Wonder (26 Jun 2005)

Thanks for all the feed back and excellent replies. As it stands, I believe she is just going to live with the new working hours for the mean time as she does not want the added stress of fighting over hours etc at this stage. She will just do what she has to do until she takes maternity and then assess whether it is prudent to return to this employer afterwards on these hours/different hours or not at all. Thanks again for all the replies


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## contemporary (27 Jun 2005)

no offense mate, but her boss has just won...


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