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Is it legal for your employer to force you to stay later than your schedule says?

  • 08-07-2012 4:15pm
    #1
    Liamyelen
    Closed Accounts Posts: 9 ✭


    Is it legal for your employer to force you to stay later than your schedule says? I was recently fired from work for not being able to stay later than my schedule said. i was asked an hour before my shift was supposed to end and due to this i was unable to change the plans that i had arranged. is this allowed, i have a feeling that it may be, but i am hopeful :)


Comments

  • #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Most employers will have a clause regarding staying / reasonable overtime.

    It would very much depend on the circumstances. Were you on probation? I've let a few people go in my time as I wasn't willing to take the risk on them not being flexible in a crunch. That said I'd never have dreamed on trying to get rid of someone established on the basis of an isolated refusal to do overtime.

    Did you go though the disciplinary process?


  • #3
    Paulw
    Registered Users, Registered Users 2 Posts: 13,272 ✭✭✭✭Paulw


    You need to get yourself a solicitor, quickly.


  • #4
    Liamyelen
    Closed Accounts Posts: 9 ✭Liamyelen


    Thanks. I am there two years and have been very flexible in the past so I don't really understand the problem. They are trying to cut hours and I think that this may have been an excuse to get rid of someone. The have also not shone me the staff contract which they have not had anyone in the work place sign. I'll look into it all now


  • #5
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    Liamyelen wrote: »
    Thanks. I am there two years and have been very flexible in the past so I don't really understand the problem. They are trying to cut hours and I think that this may have been an excuse to get rid of someone. The have also not shone me the staff contract which they have not had anyone in the work place sign. I'll look into it all now
    First of all ypu would be covered by employment rights since you have been there more than a year

    Second while you could be expected to work overtime you would need to have reasonable notice for them to try to fire you over it. An hours notice is not reasonable.

    If you went to employment appeals tribunal or any other body you would probably get some kind of compensation


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Did you go though any sort of disciplinary process. Not that it matters as you seem to have them bang to rights.

    If there was no process entered it will just strengthen your case. Get yourself along to a solicitor.

    Let me guess this was retail? :)


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  • #7
    Liamyelen
    Closed Accounts Posts: 9 ✭Liamyelen


    Retail alright :p


  • #8
    allthedoyles
    Registered Users, Registered Users 2 Posts: 6,892 ✭✭✭allthedoyles


    Have you contacted nera .

    Would the extra time after your scheduled hours have brought you over the working time limit of 4.5 hours .

    It would be interesting to see the reason your employers gave to SW when asked why you were let go .

    http://www.employmentrights.ie/en/informationforemployees/workinghours/


  • #9
    christmas2012
    Banned (with Prison Access) Posts: 2,827 ✭✭✭christmas2012


    If its not on paper you have no obligation to overstay your welcome


  • #10
    trooney
    Registered Users, Registered Users 2 Posts: 1,268 ✭✭✭trooney


    Also, as mentioned previously, if your employer did not follow due process, of which you would need to be informed of in advance, then that fact alone will more than likely win any case you take against them. They cannot just fire you on the spot without having some sort of investigative process take place, which you are entitled to be part of. Go talk with the Employment Appeals Tribunal people. It won't cost you anything to take a case against you former employer and the onus is on them to prove what they did was legitimate.


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