My Employee Rights

bluriz

Hey everyone,

Firstly i'd like to apologize in-case this is in the wrong section.

Well, i'll jump straight to my problem. I'm currently working for <SNIP> on a part time contract, I'm also a college student who lives away during the week and comes home on the weekend. I have a slight problem where I rang my management earlier today to inform them when I start back to college, last year I only worked on weekends Friday evening, Saturday evening and Sunday morning, but when I rang today my manager informed me that, I cannot do this anymore and basically it's either my job or college(obviously college).

Well anyway, he's now saying that if i'm not able to work those days I've to resign, there is plenty of staff to cover shifts during the week so I'm not sure why its happening all of a sudden when it worked last year? Can he make me forcefully resign or where do I stand on this matter?

He threatened that he will continue to roster me on, even when I am not available for shifts during the week? My contract only say's that I will be given 15 hours a week and currently over the summer I only work 1 day during the week anyway?

Any managers or people had these situations before?

Johnasarusrex

Having worked for them during my college years they tried that with me (Zero hour contract) expecting me to do three 2 hour shifts a week but I was able to work it out with my manager at the time. Sounds like he is trying to get rid of you telling you to resign?! I would bring it to the attention of the district manager and in the meantime get on citizensinformation.ie

TallGlass

bluriz wrote: »

Hey everyone,

Firstly i'd like to apologize in-case this is in the wrong section.

Well, i'll jump straight to my problem. I'm currently working for <SNIP> on a part time contract, I'm also a college student who lives away during the week and comes home on the weekend. I have a slight problem where I rang my management earlier today to inform them when I start back to college, last year I only worked on weekends Friday evening, Saturday evening and Sunday morning, but when I rang today my manager informed me that, I cannot do this anymore and basically it's either my job or college(obviously college).

Well anyway, he's now saying that if i'm not able to work those days I've to resign, there is plenty of staff to cover shifts during the week so I'm not sure why its happening all of a sudden when it worked last year? Can he make me forcefully resign or where do I stand on this matter?

He threatened that he will continue to roster me on, even when I am not available for shifts during the week? My contract only say's that I will be given 15 hours a week and currently over the summer I only work 1 day during the week anyway?

Any managers or people had these situations before?

If you part of a union get them involved, I am sure some of the other staff members would only be happy for you to work weekends and Friday evenings if it means they get them off.

bluriz

TallGlass wrote: »

If you part of a union get them involved, I am sure some of the other staff members would only be happy for you to work weekends and Friday evenings if it means they get them off.

I actually mentioned this in our argument, but he and I quote said "Well during the week I have to stay on till 9 if a member calls in sick, because no-body will cover" We have another staff member that will only work 1 day a week which gets nothing mentioned about and she's never available to cover and another that will only work morning shifts.
He has been at me the last few months, with this nonsense and I am one of the strongest sales assistants in the store.

What happens if I go to college, and he rosters me on a shift which is impossible for me to do? Is that legal or?

3DataModem

It depends if your contract is fixed shifts or flexible.

However it is likely that yes, he can require you to do other shifts and dismiss you if you don't comply.

TallGlass

bluriz wrote: »

I actually mentioned this in our argument, but he and I quote said "Well during the week I have to stay on till 9 if a member calls in sick, because no-body will cover" We have another staff member that will only work 1 day a week which gets nothing mentioned about and she's never available to cover and another that will only work morning shifts.
He has been at me the last few months, with this nonsense and I am one of the strongest sales assistants in the store.

What happens if I go to college, and he rosters me on a shift which is impossible for me to do? Is that legal or?

But hes the manager, these are the things managers sign up to, not sure how that's got anything to do with you. There contracts may state that's there working hours and yours maybe fully flex.

You kind of shot yourself in the foot here drifting away from these hours, because now your working a different pattern than when you started, so you can't use the argument that this is what you signed up too.

I am guessing here saying this, but in my option he is technically correcting going via the contract you have which states to me to be fully flex, but these circumstances have changed and he sounds like he is been unreasonable here in the situation. Now if he can let you go for this, I am not sure.

I would watch that your not, as companies call it 'managed out the door'. Watch out for constructive dismissal, which is also illegal but you need to be able to prove it.

Is there a union? If not your, entitled to sign up to one and then ask them to help you out here.

Another option you have is just walk and get a new job one more suited to your times.

MarkAnthony

I had these frequently.

The student always thinks they're being shafted, the employer always thinks the student should live in the real world. If the employer is not willing to compromise then it's possible there are deeper issues.

Jim2007

bluriz wrote: »

Well anyway, he's now saying that if i'm not able to work those days I've to resign, there is plenty of staff to cover shifts during the week so I'm not sure why its happening all of a sudden when it worked last year? Can he make me forcefully resign or where do I stand on this matter?

He threatened that he will continue to roster me on, even when I am not available for shifts during the week? My contract only say's that I will be given 15 hours a week and currently over the summer I only work 1 day during the week anyway?

Well first of all don't resign, if he wants to get shut of you let him sack you - I'm guessing he has someone else he'd like to get in there. Do they have a HR dept you can turn to look to or failing that a senior manager.

Secondly if he knowingly assigns you to a shift you can't cover, he will be the one with the problem not you. Just make sure he understands that you will make it very public that he did it and that as grounds for dismissal it will not fly!

In the long run though if he wants you out, you'll have to go, but you can make it expensive for him!

Mrs OBumble

Or you can just make life easier for all concerned (including yourself) and just go and find another job with hours that suit.

sparkling sea

bluriz wrote: »

Hey everyone,

Firstly i'd like to apologize in-case this is in the wrong section.

Well, i'll jump straight to my problem. I'm currently working for <SNIP> on a part time contract, I'm also a college student who lives away during the week and comes home on the weekend. I have a slight problem where I rang my management earlier today to inform them when I start back to college, last year I only worked on weekends Friday evening, Saturday evening and Sunday morning, but when I rang today my manager informed me that, I cannot do this anymore and basically it's either my job or college(obviously college).

Well anyway, he's now saying that if i'm not able to work those days I've to resign, there is plenty of staff to cover shifts during the week so I'm not sure why its happening all of a sudden when it worked last year? Can he make me forcefully resign or where do I stand on this matter?

He threatened that he will continue to roster me on, even when I am not available for shifts during the week? My contract only say's that I will be given 15 hours a week and currently over the summer I only work 1 day during the week anyway?

Any managers or people had these situations before?

Ring NERA (National Employment Rights Authority) 059 9178990
or lo call 1890 80 80 90. They can give you all the info on employment rights and can act as an advocate on your behalf

Also it might be an idea to make an appointment with someone from FLAC. Fastest way is to ring Citizens Information, most have a free legal aid service operating from their premises a couple of times a month.