Is this legal? Advice please.

eviltwin

Looking for a bit of feedback on behalf of my sister.

She's working in a job on contract to work Mon-Fri, 9 to 5pm. Her manager called her into the office to say that she wasn't happy with the 9-5 arrangement and that she was giving my sister until the end of the month at which point they would review things and possibly move her to a night shift.

Surely if you have a contract that clearly lays out your hours you can't be put onto a night shift for no good reason? If at all??

She wants to have a meeting with her manager but feels very intimidated by this person so wants as much info in advance as possible.

Denis322

If she's signed a contract to work specified hours and they want to change those then I'd imagine they need to renew the contract seeing as she'd be working beyond what she's supposed to.

Maybe check out NERA or even drop them an email would probably be the best thing.

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

eviltwin

Thank you Denis, would I be right in thinking that they would have to talk to her about it, that they can't just say "these are your new hours"?

Kristopherus

Seems to me, from the way you worded your post, that the manager spoke to your sister about her standard of work, and that maybe moving her to a (possibly easier) night shift would be the first move. That would be within the Manage'r remit at all times.

Denis322

I'd assume so. They're not supposed to be able to force you into anything outside of your job description. Maybe once her contract expires, but unless they have a genuine reason and can show proof that they need to change her hourse e.g. The business is closing during the day and only opening at night; and even at that, if she was unable to work nights then I think she'd be entitled to compensation.
Don't take my word for it though, I'd definitely check out something more official.

Mrs OBumble

How long's she been there for?

BuffyBot

Does the contract have any clauses about working hours and if they can be changed to suit the needs of the business? Many do.

tatli_lokma

As Buffybot says,there could well be a provision in the contract which states "your normal working hours will be Mon - Fri, 9 - 5pm, however the employer retains the right to amend these hours in order to meet the needs of the business. Any such changes will be notified in writing one month in advance of the change".

If there is anything like that in there, then they can change her hours as there is a provision in the contract she signed to allow them to do this.

Is there a union in her workplace and is she a member?

wclarke20

I was always of the opinion that the employer could give you 2 weeks notice in writing that they wanted to change your hours.

tatli_lokma

only if the contract permits it.

wclarke20

I think the OP needs to clarify what the contract states or else we are just speculating. This includes working hours and a statement from the employer on their rights to change these.