Returning to work

gnag

Ok, so I know I can't get proper legal advice but maybe someone has some personal experience that can help me. I started working for a company 7 years ago as a staff supervisor. This meant working different days and shifts every week. Since then I have trained in as an office manager, but never signed a new contract as there was no change in wages. So for about the past 2 years I have been working set days and hours, although when they were short staffed I did cover shifts outside of my normal days and hours. In July I went on my maternity leave and they hired someone to cover as office manager. I am due back to work at the end of January and was called in for a "chat" about things to get it sorted before Christmas. The manager told me that as my contract is for a staff supervisor I would have to go back to that job description which means the different shifts and days. I just told them I'd have to think about it because I was completely in shock. I don't know if they are keeping the other girl on or just doing away with the office manager position altogether.

So basically I think if I had gotten my job title change in writing they would not be able to do this, but because the change of hours and duties was all agreed verbally I might just have to agree and put up with it.
Has anyone out there been in a similar situation?

Diziet

At the very least, contact NERA, as your job has changed, whatever your contract says. http://www.workplacerelations.ie/en/Workplace_Relations_Bodies/National_Employment_Rights_Authority/

If it was me, I would be asking for some legal advice from an employment solicitor, too.

faceman

When you were training as an Office Manager, did you company tell you that you were the Office Manager or where you just being given extra responsibility in your existing role? (Be it verbal or otherwise)

If you were told you're the Office Manager, the you have been an Office Manager and the precedent was set as that's the role you were doing.

Is there a HR department?

gnag

They never said the words exactly, but I went from doing checkout and rosters to all general office work including lodging to the bank, so definitely more responsibility. All the things that the boss was doing but due to ill health she's not anymore. I was basically asked to help out first and then it became clear the boss wouldn't be working anymore they just told me they were changing my hours. I'm so mad because the amount of times I worked a weekend or late hours to cover you'd think they would be a bit more appreciative! The more I think about it the crosser I get so I might talk to a solicitor before I agree to anything. There's no HR department, a

gnag

Don't know what happened to the end of my last post! All the HR stuff was taken care of by the owner also, I actually don't know who is taking care of that now.

TonyStark

gnag wrote: »

Ok, so I know I can't get proper legal advice but maybe someone has some personal experience that can help me. I started working for a company 7 years ago as a staff supervisor. This meant working different days and shifts every week. Since then I have trained in as an office manager, but never signed a new contract as there was no change in wages. So for about the past 2 years I have been working set days and hours, although when they were short staffed I did cover shifts outside of my normal days and hours. In July I went on my maternity leave and they hired someone to cover as office manager. I am due back to work at the end of January and was called in for a "chat" about things to get it sorted before Christmas. The manager told me that as my contract is for a staff supervisor I would have to go back to that job description which means the different shifts and days. I just told them I'd have to think about it because I was completely in shock. I don't know if they are keeping the other girl on or just doing away with the office manager position altogether.

So basically I think if I had gotten my job title change in writing they would not be able to do this, but because the change of hours and duties was all agreed verbally I might just have to agree and put up with it.
Has anyone out there been in a similar situation?

It sounds like a case of constructive dismissal. Where you are effectively being put in a position where you can no longer work there. Essentially you are being demoted from a position of favourable working hours to a position where they are less favourable.

Definitely a discussion with an employment law expert at the very least. It would seem that they have effectively sacked you from your office manager job and forcibly denoted you. By keeping on the girl who was hires as maternity cover they have essentially broken the law.

You need to speak to someone who can offer you some proper advice.

gnag

TonyStark wrote: »

It sounds like a case of constructive dismissal. Where you are effectively being put in a position where you can no longer work there. Essentially you are being demoted from a position of favourable working hours to a position where they are less favourable.

Definitely a discussion with an employment law expert at the very least. It would seem that they have effectively sacked you from your office manager job and forcibly denoted you. By keeping on the girl who was hires as maternity cover they have essentially broken the law.

You need to speak to someone who can offer you some proper advice.

See I don't know if they are keeping the other girl on or not. I'll definitely get some proper legal advice before I speak to them again so I'll know exactly what to ask and what to say.