# Change to Working Hours - Do i have to agree



## poppy265 (13 May 2008)

Hi , dont know if this is the right section to post this but i have a major question. And excuse the long essay !

I work 9am-5.30pm monday to friday in a company for the last 6 years - but now my boss has said they are changing our working times to shift work - so there will be two shifts one which starts at 7.30am-4.00pm and 10.30am-7.00pm, this change however doesn't suit me as i do not have my own transport and get a lift to and from work. I have said that i can not do these time but my boss said that i can no longer work there if i can't do this even though i have said that i can still do my 9am-5.30pm - i asked could i even transfer to another department where there is a vacancy but was told that it was a junior position and would not suit me but that i could stay working here until i find another job! Is this correct or is this unfair dismissal - if i don't agree to change times i have no job??

In my contract it says Hours of Work " Normal working hours are 9am to 5.30 mon - fri with an hour unpaid for lunch. The nature of the company's business makes considerable demand upon the time of its employees who are expected to be reasonably available to travel and work outside of normal office hours"

Please advise as i have to go back to work in the morning and don't know what to say to my boss !


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## becky (13 May 2008)

I work in HR but am not an expert. I'm also in the public service so a change like this would prob be a miracle if it actually got through.

I have a friend who had to change her hours but getting to work wasn't an issue. She loves it as her evenings are way longer - finishes @ 3 on a Friday.

Is there any way you could get a different lift?

I can't say for sure if he is within his rights but I'd imagion he is within his rights as he can run his business in the most efficent way.

I'd try and see about the other job but if its a more junior position I suppose your wages are too high - would you consider a cut?

How long is he going to allow you look for another job?

Liking your job is important and not so easy to come by.

Other than give NERA a call in the morning.


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## aidan119 (13 May 2008)

If he only sprung this on you today then you are entitled to some time to think about it. Play for time, need to check out lifts/buses etc.

How many people are affected by this, are you the only one not happy with it ?

It's a change to your contract of employment. This is necessary sometimes and could in some circumstances be cause for a constructive dismissal but I think it is very unlikely in this case as he presumably has a genuine business need to do it and is not picking on you. If others are complying you may just have to ask for redundancy if it does not suit. In some companies you may be able to negotiate compensation for the change.

You could ask for a trial period with the agreement that if it doesn't work out that you still get redundancy, say after 2 weeks.

Is there another reason why he won't offer you the junior position ? If you were happy to take the demotion you may have a reasonable case to be considered for it if you want to follow up the employment rights route but do you want this hassle and upset ?


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## Soldier (14 May 2008)

if its in your contract that you work 9 to 5 i think you might have to agree with the changes. go up and say to your boss the truth just tell him/her that its in your contract to work 9-5 and that you get a lift to work and the new hours dont suit you. do you have a union that can advise you or anything


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## poppy265 (14 May 2008)

Thanks for the replys - i said it to my boss that i couldnt do the 9-5 and that in my contract it says these are the times i agreed to - but i was told that i wasn't needed to do these hours anymore and if i couldnt do shift work then i can stay there until i find another job.  So far this morning in work my boss hasn't come in yet so i am going to say it to him again.


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## Pique318 (14 May 2008)

poppy265 said:


> but i was told that i wasn't needed to do these hours anymore and if i couldnt do shift work then i can stay there until i find another job.



That sounds like your position is being made redundant and therefore he would have to pay you redundancy.


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## wenzelc (14 May 2008)

if i'd be you, ill talk to the union straight away. you dont need to be a member to get information and explainations about your rights. you need to be a member if you want them to act on your behalf though.

either way, if the terms of a contract change and you do not agree with them your employer cannot sack you which is probably why he gives you the option to find another job. considering you're six years with the company, i am pretty sure you have quite some rights anyway regardless if it may or may not be in the company's best interests. think of yourself here!


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## ClubMan (14 May 2008)

wenzelc said:


> if i'd be you, ill talk to the union straight away. you dont need to be a member to get information and explainations about your rights.


Good luck. I tried that a few years ago (inquiring about the implications of a takeover situation for a staff population of about 40 people and their rights in this context) and the unions that I contacted were of no help at all.


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## wenzelc (14 May 2008)

hey clubman,
i know that it always depends on the person you have on the phone. i got someone before who wasnt of any help either but every other time (and other ppl) they were very useful/ helpful.

at the end of the day, if you dont try all your (free of charge) sources you might end up losing out.


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## ClubMan (14 May 2008)

I would be more inclined to ask the people in the _DETE/NERA _(www.entemp.ie or [broken link removed]) for advice on my statutory employment rights in this sort of situation. You may also have contractual rights above and beyond your statutory rights in which case you need to read and understand your contract and maybe get professional advice (e.g. from a solicitor with experience in employment law/rights issues).


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## mdebets (14 May 2008)

That would be a change in your contract. Have a look here for your options.


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## Mpsox (14 May 2008)

DETA/NERA would give accurate advise on this. However I would ask you employer to put the request in writing to you and also to put in writing why you can't stay working the hours you currently do and why the other vacancy is not suitable for you

Your company should also have documented grievance procedures and prior to taking a case to an external body you may have to exhaust the relevant internal processes


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## hhhhhhhhhh (14 May 2008)

mdebets said:


> That would be a change in your contract. Have a look here for your options.


If its in your contract 9-5 you will have to agree to a change of contract for the new hours.
If he says there is no job for you its a clear case of unfair dismissal.


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## Diziet (14 May 2008)

hhhhhhhhhh said:


> If its in your contract 9-5 you will have to agree to a change of contract for the new hours.
> If he says there is no job for you its a clear case of unfair dismissal.



Not necessarily. If there are clear business reasons and the individual is not discriminated then they have to make the change or the employer can reasonably claim that their position is redundant (i.e. that there is no position with 9 to 5 hours left).

Would it be so hard for the OP to make alternative arrangements for getting to work?


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## shipibo (14 May 2008)

Diziet said:


> Not necessarily. If there are clear business reasons and the individual is not discriminated then they have to make the change or the employer can reasonably claim that their position is redundant (i.e. that there is no position with 9 to 5 hours left).
> 
> Would it be so hard for the OP to make alternative arrangements for getting to work?


 

The employee has a contract with working hours explicitely stated, if issue went to third party arbitration the employer would have to prove business need, and that he had no option but to terminate her employment. 

Redundancy payments not mentioned.. methinks employer knows the suss here, and is trying to change work practices on the cheap.

Sit tight, and speak to NERA to find out legally where you stand.


http://www.flac.ie

For contract issues.


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## shipibo (14 May 2008)

ClubMan said:


> Good luck. I tried that a few years ago (inquiring about the implications of a takeover situation for a staff population of about 40 people and their rights in this context) and the unions that I contacted were of no help at all.


 


I agree. Unions are not in the free info business, without funding from members they go bang.

NERA is state funded to provide information.


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