# Reduced hours, constructive dismissal & redundancy



## maxdub (12 Jun 2009)

My employer wants to put me on a 3 day/week work. I'm working in this company (very small company) over 4 years now and if I take this offer I will be unable to meet my bill payments. Social welfare office said that I will be getting 60 or 80 (can't remember now) a week for two days while not working but I can't meet my bill payments in this case anyway. I have my loans and credit cards insured against loosing the job.

My question is if I keep refusing to reduce the hours and they let me go (no redundancy) what happens next? Social welfare told me that I will be banned for 9 weeks to receiving any benefits. So from what I was reading online I can claim constructive dismissal. Has anyone gone down that road and can tell me how it works?
Sorry if there is a simmilar post here but I couldn't find it.

Thanks for all help
Max


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## Nutso (12 Jun 2009)

If they let you go, you will be able to claim employment benefit or employment assistance if you are eligible.  If you leave you will not be entitled to anything for nine weeks but it doesn't look as if you are going down that route.

Unfortunately a company can reduce your hours, as long as they do not reduce them by more than half, without it being considered 'short-time'.


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## maxdub (12 Jun 2009)

Social welfare told me that if they offer 3 days a week and I keep refusing and they dismiss me I will not be entitled to any benefits for 9 weeks.

Citizens Information told me that if I keep refusing and they dismiss me that will be constructive dismissal and I need to make a claim.

In regards to 'short term' citizens information website says that the employer can only put me on the short term if its 'in the contract of employment or is a common practice in the workplace' (I have no contract and it's not a common practice here..) So I guess they can't put me on a short term and the redundancy situation arises.

I would prefer redundancy but my employer tells me that redundancy situation doesn't exist.
If I take the 3-day offer I will be gone in 4 weeks time with my current finances. If I don't take the offer I guess they will dismiss me and I will need to claim constructive dismissal...
I have a headache now  Does anyone a good solicitor I can talk to?


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