Change of work hours

justaskin80

Bit of a dilemma here!

Been working for a company about 5 years. When I started it was on a shift basis and said this in the contract. No problem there. About a year in I applied for and got a promotion to another area and was told it's 9-5 m-f which was great. No new contract was signed so that was all verbal. Been working those hours in a couple of different roles since then.

Was talking to my boss about things yesterday and he said that I'll be moving to a new dept. in two weeks time. Happy about that, they do interesting work and I'm looking forward to it. The problem is the hours. It will be Monday to Friday only so no weekends but they will want me to go back on shift work within a month! I am not too keen about that!

So my question is this : Original contract was for shift hours, only worked them for first year of five there and a lot of other things in the contract have changed (grade, job role etc.) too. Am I still bound by the hours in that contract and if so have I any alternative other than brushing up the CV?

Any advice much appreciated.

James

P.S. I meant to say that not everyone in new area works shift hours, some are 9.5

Marksie

Moving to work and jobs, there is a section for job problems which may be of more help to you

tricky D

Your contract from 5 years ago is barely relevant. The legal term you're looking for here is 'by practice'. By practice your working hours are 9-5, m-f. Once that's provable, that's what your contract is. Most changes in contract, usually don't get renegotiated as they are generally favourable (pay rise, hours etc). It's when the change is adverse to you that renegotiation and new contract agreement is required.

smiler26

AFAIK they are obliged to go through a 3 month consulation process to change your hours. Doesnt matter what a 5yr old contract says - what matters is that for the last number of years you worked M-F9-5

justaskin80

Thanks for the responses guys. I would have thought as well that by having worked those hours the past number of years they had in effect become the new hours. Just wish I could find something from around the time I moved stating them!

Smiler, could you explain what you mean by a consultation process? Is it three months notice of the change or three months to see if we can come to an agreement?

Hope I don't sound like I'm grouching too much here. I am grateful for the new oppurtunity and would be looking forward to the new challenges but I have commitments outside work that this would have a serious effect on.

[Jackass]

If your contract states you have a certain shift pattern for hours of work and that you must be available to work, but what actually happens is that you work the same number of hours each day/week, i.e. 9 - 5 Monday - Friday, then it may become an implied term of your contract and renders the origional agreement outdated, as mentioned, because this is the actuall practice in your employment.

Regarding challanging or refusing to work the amended hours, and switch back to shift work, it's a tricky one. I would imagine you have a right to compromise, but I'm not sure you can refuse it outright.

The only thing I can think of is that if the company gives you a reasonable time frame in which to adapt your hours and it doesn't drastically exceed the number you are currently working then they may be entitled to do it.

But why dont you contact the NERA (National Employment Rights Authority). They will be able to give you free and fully accurate advise to what exactly your rights are.

Lo Call 1890 80 80 90

E-mail info@employmentrights.ie

Also, regarding proof of the 9 - 5 Mon - Fri arrangment, I wouldn't worry about that, it's very unlikley a company would lie about that as it's easy to prove from other employees and i just cant imagine they would lie about your hours for 4 years to anybody, not least for what it would look like if they were caught out.

Anyway, best of luck with it!