Can my hours be reduced?

dcukhunter

I was just told this morning that my hours are going to be cut (just as I was leaving for a weeks holiday) by about 40%. They will then be bringing in someone else to cover my hours at a cheeper rate. We dont have contracts but I have been there with the same hours for 6-7 years now. Can they do this or is there anything that I can do about it.

I know things are hard everywhere and I would be willing to maybe drop some hours but not really that much or maybe try and come to another arrangment to save them money. I just want to know where I stand now before I go back and talk to them to see can something else be done.

wmpdd3

No they cannot do this.

This is a change in your 'implyed' contract as you have worked these hours for more than 13 weeks.

But if they ask for your permission to change your contract and you refuse they could still let you go, this may be perceived as constructive dismissial but at that point you have no job so you've lost out anyway.

I take it your not in a union, can you get you collegues to join one and get them to contact your employer on your behalf? Or can you contact a union and see if they can advise you. They may have had a similar situation locally recently and can tell you the outcome.

If you can't do this I would write to your employer saying you are not willing to change your implied contract by 40%. Tell them you need a letter stating why this is happening for the social welfare ( you may be able to claim if you are working less than 4 days a week).

If you have a mortgage or loans, get a letter stating the reason for this change and how long they thing this arrangement will be for.

If you do take this reduction, write a letter very month to your employer stating that you are available and willing to your original hours as soon as the company is willing to reinstate these. This is in case you end up getting redundancy. If you take the cut your redundancy could be based on your new hours, not the 6/7 years work you have been doing.

This may get your employer thinking and may result in them seeing you will not take this lightly.

Taken form the citezins information website:

Changes to your contract of employment in Ireland can occur due to a change in the law, but otherwise, changes must be agreed between your employer and yourself. Neither party can unilaterally decide to change the contract. This requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law. This principle is not affected by the Terms of Employment (Information) Act 1994 which sets out the procedures for the employer informing the employee of any changes to the statement of the terms of employment.

Changes introduced by law

Where the law introduces changes into your contract of employment, for example, by extending the statutory period of maternity leave, then both you and your employer must comply with the law.

Changes introduced by agreement

The nature of your job may change, so that you are doing a different job for the same employer. Such a major change will probably also result in changes to your terms and conditions of employment. Unless your contract already allows certain changes to be introduced, you or your employer cannot introduce change unilaterally. There must be agreement between the parties. Where such an agreement is reached, you must be given the details of change(s) in writing within 1 month of their coming into operation.

Contractual terms and work practices

Legally there is a distinction between the terms in your contract of employment and work practices.

Contractual terms include pay, hours of work, sick pay and pension scheme. All of your contractual terms may not be in the written statement of your terms and conditions of employment. Some of your contractual terms could be in your staff handbook, a pension scheme booklet or a collective agreement. You can read more about contractual terms in our document on contract of employment. Changes to these terms must be agreed between you and your employer.

Work practices can include breaks and rostering, for example. Details of these may also be in your staff handbook and your employer may change these work practices without your consent. It is considered reasonable for an employer to update work practices or processes to save money or increase efficiency.

Being asked to reduce your pay or hours of work

When your employer has a downturn in business or there is less work for you to do, your employer may ask you to take a pay cut or to work fewer hours. You should consider this request very carefully. If your employer's business activity is reduced, this may mean that if you don’t accept a reduction in your working hours or pay you may lose your job due to redundancy.



http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/change_job_contract.html

dcukhunter

Thanks for that wmpdd3 the help is much appreciated. I'll go back in monday and see can we come to some aggrement. If I have to take a cut or drop some hours it wont be too bad but losing that much after bills would only leave me with about 20-50 quid for myself after a weeks work.