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reduction in hours due to previous boss!

  • 24-07-2015 9:03am
    #1
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭


    This is a bit messy so apologies. I'm not sure where I stand here.

    I worked for a company, we'll call them John's Shop, for two years. I wasn't treated very well, employment laws regarding breaks, pay, time off, all breached. A complaint about false accusations made by my boss was mot investigated as I requested (I followed the company handbook's grievance procedure to the letter, they did not).

    Now, Mr. Bloggs owns Mary's Shop. Mary's Shop is a franchise of John's Shop. Mr. Bloggs offers me a job with him, giving me X amount of hours and days per week. These hours are guaranteed.

    Mr. Bloggs asks for permission from John's Shop, they allow me to go. So I get my p45 and am employed in Mary's Shop.

    I've been working in Mary's Shop for eight months, under the terms I was offered. Set amount of hours per week, never breached. I have no written terms of employment, but assume as I've been here eight months, I've got an implied contract based on more than 13 weeks of working with certain conditions.

    Now, John's Shop have put their own name on the lease for Mary's Shop, instead of Mr. Bloggs.

    They've now told mr. Bloggs to cut me from full time to one day per week, or lose Mary's Shop. So, I've been cut.

    I know that I need one year of continuous employment to have any legal rights, but is there anything I can do here? I worked for John's Shop for two years and THEY are the ones on the lease for Mary's Shop and they are the ones who demanded my hours be cut.

    I'll be seeking proper advice on this, but am waiting for an appointment.

    Thanks in advance. Sorry it's so convoluted.


Comments

  • #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Jenny Thalia wrote: »
    This is a bit messy so apologies. I'm not sure where I stand here.

    I worked for a company, we'll call them John's Shop, for two years. I wasn't treated very well, employment laws regarding breaks, pay, time off, all breached. A complaint about false accusations made by my boss was mot investigated as I requested (I followed the company handbook's grievance procedure to the letter, they did not).

    Now, Mr. Bloggs owns Mary's Shop. Mary's Shop is a franchise of John's Shop. Mr. Bloggs offers me a job with him, giving me X amount of hours and days per week. These hours are guaranteed.

    Mr. Bloggs asks for permission from John's Shop, they allow me to go. So I get my p45 and am employed in Mary's Shop.

    I've been working in Mary's Shop for eight months, under the terms I was offered. Set amount of hours per week, never breached. I have no written terms of employment, but assume as I've been here eight months, I've got an implied contract based on more than 13 weeks of working with certain conditions.

    Now, John's Shop have put their own name on the lease for Mary's Shop, instead of Mr. Bloggs.

    They've now told mr. Bloggs to cut me from full time to one day per week, or lose Mary's Shop. So, I've been cut.

    I know that I need one year of continuous employment to have any legal rights, but is there anything I can do here? I worked for John's Shop for two years and THEY are the ones on the lease for Mary's Shop and they are the ones who demanded my hours be cut.

    I'll be seeking proper advice on this, but am waiting for an appointment.

    Thanks in advance. Sorry it's so convoluted.

    You resigned from your original employer and you were issued a P45, you were hired by another employer albeit a franchisee but you no longer have continuity of service with "johns shop" as you are not directly employed by them so it seems like you do not have protection of the unfair dismissals act nor the employment tribunal. Might be time to move on.


  • #3
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    davo10 wrote: »
    You resigned from your original employer and you were issued a P45, you were hired by another employer albeit a franchisee but you no longer have continuity of service with "johns shop" as you are not directly employed by them so it seems like you do not have protection of the unfair dismissals act nor the employment tribunal. Might be time to move on.

    That's what I thought but family/friends were telling me otherwise. Thanks :)


  • #4
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Jenny Thalia wrote: »
    That's what I thought but family/friends were telling me otherwise. Thanks :)

    Once you voluntarily resigned and a P45 was issued, then that was the end of your employment with the first crowd, a franchisee just pays the parent company to use their name, marketing, suppliers etc but the business is owned by the franchisee so you had a new employer when you started in Mary's shop. The only recourse you may have is if the second shop was completely taken over by the first and they have become your employer, they may be bound by TUPE regulations but again, the fact that you have only 8 months of service leaves you with few if any rights.


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