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Enployment law - Disciplining by reduction of hours

  • 24-07-2015 10:35am
    #1
    dalta5billion
    Registered Users, Registered Users 2 Posts: 1,034 ✭✭✭


    A retail store, let's call them Joggs Ltd., employs a number of people on "minimum 4 hour a week" contracts. In practise however, most employees begin with 16 hours a week. Joggs demands full availability 7 days a week. Employees find out from week to week what their hours will be.

    When an employee has a dispute with the manager over a shoplifter, their hours are reduced to 4 a week without any written notice.

    Similarly, an employee who was promised permanancy (beginning on a certain date) has a dispute with the manager when her assigned till at the end of the day doesn't add up. She is informed that they couldn't find anything on CCTV but she now won't be given permanancy until next month, and only if her till adds up next month.

    Q1) Is it illegal to demand full availability on a 4 hour a week contract?

    Q2) Is it illegal to use reduction of hours as an easy form of punishment without proper procedure?

    Q3) Is withdrawal of a promotion (to a permanent contract) as a form of punishment without proper procedure illegal?

    Thanks.


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Q1. Yes. You are contracted to work a minimum 4 hours. You cannot "demand more" when you have no contractual right to it. It's at their discretion.

    Q2. It might be if you can prove it was done for punishment. Good luck proving that.

    Q3. Once again- proving that would be difficult.


  • #3
    pillphil
    Registered Users, Registered Users 2 Posts: 788 ✭✭✭pillphil


    Mr. Incognito wrote: »
    Q1. Yes. You are contracted to work a minimum 4 hours. You cannot "demand more" when you have no contractual right to it. It's at their discretion.

    Q2. It might be if you can prove it was done for punishment. Good luck proving that.

    Q3. Once again- proving that would be difficult.

    I think you misread Q1.


  • #4
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    There's EU case-law looking at the issue of when people are available for work as opposed to actually made to work, in terms of maximum working hours.

    ...but it's a new and complicated and evolving area, and anyone who gives you a definite answer on an online forum is bluffing.


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