Work Issue

GrumPy

Here's the story. I got employed by a company I currently work with over two years ago. The position was part time, and there was a verbal agreement my hours would be weekends and two late nights. I signed a contract which basically just consisted of of rules blah blah blah, but no written mention of the hours I agreed too.

Fast forward to now. I am starting a new college course, thus my timetable has changed. This resulting in me only able to work weekends, at a push, maybe a Friday night but it would be a major push and time constraints may mean I would arrive too late and it would not be practical.

So my boss says no problem. He reports to his boss saying he needs to hire someone to cover one or two late shifts (3 hours a night) Because part timer A (me) and part timer B (other employee) are heading back to college. Big boss says he aint hiring someone new, just get part timer A or B to do it.
My boss tells him I cant. He says why? My Boss says they cant! So big boss says well doesn't employee A usually work at least 2 late nights? and my boss says yes. (Employee B does extra hours over the summer, but when B was in college, only ever did weekends)

So Big boss says then if A can't do it and that's what je usually does, then we will have to let him go and find someone who can.

My boss replies with no, I dont wanna do that employee A (me) is good and I need him, he has been hard working for 2 years reliable and good at his job. Big boss says well your gonna have to sort something out, cause he is gonna have to do them I aint hiring anyone else.

Sorry for post length!
So assuming I indeed can only work weekends, (which is pretty certain, Friday would be too much of a push for time)

Can he really fire me with no documented/written evidence that I was only being employed if I worked these late nights?

And I am well past any probationary period, so they cant just say "It's not working out, here's a weeks notice")

Any advice is welcome.

EDIT: By the way, ironically, I kept going on at the big boss over the summer I wanted more hours until I am back in college, and I recently researched the possibility of me working at least one late night in a branch closer to where I will be living in Dublin during the week! So It's not a case I dont want the hours, if I could do them, then super - but I honestly can't see how they can fire me. But I aint got a clue really of the legal standing point.


EDIT: Sorry mods might need to be moved to the sub forum.

tinkletoes

GrumPy wrote: »

Here's the story. I got employed by a company I currently work with over two years ago. The position was part time, and there was a verbal agreement my hours would be weekends and two late nights. I signed a contract which basically just consisted of of rules blah blah blah, but no written mention of the hours I agreed too.

Fast forward to now. I am starting a new college course, thus my timetable has changed. This resulting in me only able to work weekends, at a push, maybe a Friday night but it would be a major push and time constraints may mean I would arrive too late and it would not be practical.

So my boss says no problem. He reports to his boss saying he needs to hire someone to cover one or two late shifts (3 hours a night) Because part timer A (me) and part timer B (other employee) are heading back to college. Big boss says he aint hiring someone new, just get part timer A or B to do it.
My boss tells him I cant. He says why? My Boss says they cant! So big boss says well doesn't employee A usually work at least 2 late nights? and my boss says yes. (Employee B does extra hours over the summer, but when B was in college, only ever did weekends)

So Big boss says then if A can't do it and that's what je usually does, then we will have to let him go and find someone who can.

My boss replies with no, I dont wanna do that employee A (me) is good and I need him, he has been hard working for 2 years reliable and good at his job. Big boss says well your gonna have to sort something out, cause he is gonna have to do them I aint hiring anyone else.

Sorry for post length!
So assuming I indeed can only work weekends, (which is pretty certain, Friday would be too much of a push for time)

Can he really fire me with no documented/written evidence that I was only being employed if I worked these late nights?

And I am well past any probationary period, so they cant just say "It's not working out, here's a weeks notice")

Any advice is welcome.

EDIT: By the way, ironically, I kept going on at the big boss over the summer I wanted more hours until I am back in college, and I recently researched the possibility of me working at least one late night in a branch closer to where I will be living in Dublin during the week! So It's not a case I dont want the hours, if I could do them, then super - but I honestly can't see how they can fire me. But I aint got a clue really of the legal standing point.


EDIT: Sorry mods might need to be moved to the sub forum.

Unfortunately they can sack you, if you are doing those hours, even though its not in the written contract it comes under a verbal agreement or implied condition. If your job has always been 2 evenings and weekend and you now can't do evenings, you are breaching contract and implied conditions. Unless they agree to keep you on on weekends only, you would not win an unfair dismissal claim.

Hopefully you can find some way around it, maybe one or two of your work collegues be able to cover your two evening shifts.

GrumPy

tinkletoes wrote: »

Hopefully you can find some way around it, maybe one or two of your work collegues be able to cover your two evening shifts.

Thanks KA, still fairly convinced I can work around it.

I forgot to mention in my haste, but my regular boss is getting someone to cover Friday nights, and hiring someone to cover that persons particular job. Reason I forgot to mention was that it's only a temp cover from the 19th onwards. This replacement says they can work Friday nights, but there still might be an issue with a late night during the week.

So should be ok if my own boss is making the effort to sort something out, and as far as I am concerned a verbal agreement over two years ago is non contractual if there is no documented arangement. I mean, I worked some 6-7 days weeks over the summer and they didn't complain that wasn't agreed. :rolleyes:

Nody

GrumPy wrote: »

and as far as I am concerned a verbal agreement over two years ago is non contractual if there is no documented arangement. I mean, I worked some 6-7 days weeks over the summer and they didn't complain that wasn't agreed. :rolleyes:

It don't matter what you're concerned with as it is not your concerns are not what is written in law. If you work a set of hours for an extended period that is considered to be the agreed working hours, written or not written into the contract. The fact you worked more hours during the summer don't change that fact as it clearly outlines an exception due to summer.

GrumPy

Spoke about it today and it looks like it gonna be ok.
They are hiring staff now anyway (always the way on the run up to christmas) so all is good!

tinkletoes

No bother. Glad it all worked out in the end:)