Hi I was put on a 3 day week on the 4th November. Have worked with company for 18 years, contract is for 40 hours 5 day week with a notice highlighting that I may be put on short time or lay off if the market dictates. This was due to a lull in my work. Work has dried up, a 5 day position came up and I asked could some of the work be passed to me to bring me up to 5 days. I was told no. And then I was told there was no additional work found for me. When I queried that, I was informed that the new manager in the area doesn't want to work with me. So after a dreadful last day before Christmas I sent in a request for redundancy. I was informed that my redundancy was denied when I came back to work. This 3 day week looks set to continue after the 13 weeks period is due to end. Can I request again? Am I entitled to request redundancy? Do they have a right to say no when they can't increase my hours?
3 day week and new manager in the area does not want to work with me - advice needed.
- Thread starter KKBRWN
- Start date
This may be of some help.
www.citizensinformation.ie
The agreement to go on a shorter working week should contain a review date at which the situation should be formally revised. If you don’t agree to a continuation, if one is proposed, the employer may have no option but to make you redundant.
The bottom line is that your contract is for 40 hours and any arrangement whereby you are asked to work less should be temporary. You can’t be left on shorter hours indefinitely.
A manager’s refusal to work with you is not, by itself, a justifiable reason to exclude you from returning to your contracted hours. It suggests that work is available but that you are being specifically excluded.
Being asked to take a cut in pay or hours
In certain circumstances your employer may ask to cut your pay or hours of work. This is a change to your contract of employment.
The agreement to go on a shorter working week should contain a review date at which the situation should be formally revised. If you don’t agree to a continuation, if one is proposed, the employer may have no option but to make you redundant.
The bottom line is that your contract is for 40 hours and any arrangement whereby you are asked to work less should be temporary. You can’t be left on shorter hours indefinitely.
A manager’s refusal to work with you is not, by itself, a justifiable reason to exclude you from returning to your contracted hours. It suggests that work is available but that you are being specifically excluded.
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Bear in mind that legally, people don't get made redundant, positions do. So were the company to agree to your request, they would have restrictions on back filling the vacancy (and yes, I know a lot of companies ignore these facts but that is one of the things that keeps the WRC busy).
Who told you the new line manager didn't want to work with you. Is it the new line manager or just company gossip, is there a history between the 2 of you.
Personally I'd be requesting a face to face with the line manager to understand and discuss what is going on?
Who told you the new line manager didn't want to work with you. Is it the new line manager or just company gossip, is there a history between the 2 of you.
Personally I'd be requesting a face to face with the line manager to understand and discuss what is going on?
If work is available and it’s being denied to you, your contract is being breached and you have the basis for a complaint to the WRC. It should be preceded by a formal grievance in accordance with the company’s related policy, details of which should be referenced in your contract.
Surely he gave a reason for this ?
I think you have a worker to manager issue and not a working hour issue ultimately.
Communicate with your HR and line manager (in writing if possible, but if you speak to them then follow up with an email).
After 18 years my working hours were reduced temporarily to 3 days per week on date.
The work that I normally do has reduced.
I am ready and willing to take on other duties to bring me back to full working hours.
I cannot sustain 3 days per week as my wages are only at 60% and my outgoings, accommodation, food, transport have not changed.
When will the 3 day per week be formally reviewed? I had anticipated I would return to full hours on the 2nd January.
No emotion just facts.
Also you should be claiming jobseekers payment for part time or reduced hours, and signing a declaration each week this is happening. Just search on welfare.ie. I know when I had staff do this years ago we had to stamp the claim form for them.
Communicate with your HR and line manager (in writing if possible, but if you speak to them then follow up with an email).
After 18 years my working hours were reduced temporarily to 3 days per week on date.
The work that I normally do has reduced.
I am ready and willing to take on other duties to bring me back to full working hours.
I cannot sustain 3 days per week as my wages are only at 60% and my outgoings, accommodation, food, transport have not changed.
When will the 3 day per week be formally reviewed? I had anticipated I would return to full hours on the 2nd January.
No emotion just facts.
Also you should be claiming jobseekers payment for part time or reduced hours, and signing a declaration each week this is happening. Just search on welfare.ie. I know when I had staff do this years ago we had to stamp the claim form for them.