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Colleague returning after maternity leave

  • 10-12-2017 3:10pm
    #1
    Registered Users, Registered Users 2 Posts: 9


    Hi. I work in a very small business (14 employees in total including the owners). In my particular role there are 3 of us, full time. One of my colleagues is on maternity leave and is due to return soon. She has told another employee she intends to ask for part time hours. This leaves us down half a person, basically. It would essentially mean myself and the other full timer having to work longer hours, crappier hours (late evenings) and work every other weekend instead of every third as it has been for many years. I want to know where my rights are in this situation? Do i have the right to refuse to alter my working hours to accommodate someone else without prejudice? Is the significant disruption to other employees grounds enough for the boss to say no to the part time hours? I dont know if its relevant, but i have been employed for approximately 5yrs longer than the person on leave. Thanks in advance


Comments

  • Registered Users, Registered Users 2 Posts: 6,743 ✭✭✭Wanderer2010


    Depends on how likely it is that this person will get the part time hours she requests? In any case its a problem for your boss and not you. I do understand that you are worried in case the remaining hours are dumped on to the remaining staff, but if so you need to be firm that you are already working enough hours and that your boss either needs to delegate the duties more efficiently or hire in someone part time to make up the shortfall.


  • Registered Users, Registered Users 2 Posts: 9 nyoto


    Depends on how likely it is that this person will get the part time hours she requests? In any case its a problem for your boss and not you. I do understand that you are worried in case the remaining hours are dumped on to the remaining staff, but if so you need to be firm that you are already working enough hours and that your boss either needs to delegate the duties more efficiently or hire in someone part time to make up the shortfall.

    See, i don't know how likely it is really. I intend to be firm and want to absolutely refuse to.take on more work but I don't know if I can , legally speaking. I don't even know if the bosses have to speak to us before agreeing to the changes. I do know the boss is obliged to reasonably consider the request and can only refuse for good reason. I cannot find any literature on this at all, the only things i can find are in regard to the rights of the person on leave


  • Registered Users, Registered Users 2 Posts: 11,217 ✭✭✭✭B.A._Baracus


    Hi

    1, Is the significant disruption to other employees grounds enough for the boss to say no to the part time hours?
    If she can't commit to full-time but the position calls for full-time (work load) then that's the way it is. Employer does not have to grant it.

    2, Of course you have the legal right to refuse. As you are not refusing to do your job. Just the extra hours that have been loaded on to you. Hours that you deem as unreasonable. You could rock the boat here tho.

    But best not to starting wondering whats your legal right at this point. You do not know if your employer will grant part-time.

    Now... let's be honest. If this is something that is on your mind then go to your boss and say how she wants part-time and you would not be happy with working the extra hours. It's putting the kibosh in tho. So if it gets back to her and she has a choice word with you? well... it maybe expected.


  • Registered Users, Registered Users 2 Posts: 831 ✭✭✭Diziet


    What do you want to happen? Are you trying to make sure your colleague does not get part time work? How do you know they might not employ someone else doing part time in addition?
    If and when if comes to it, you can deal with your own workload, but being hostile to a situation that has not even arisen yet is jumping the gun.
    I am not sure what 'legal rights' you are talking about here.

    Edit to add: What does the team do now, while your colleague is on leave? Is there a temporary replacement?


  • Registered Users, Registered Users 2 Posts: 9 nyoto


    Diziet wrote: »
    What do you want to happen? Are you trying to make sure your colleague does not get part time work? How do you know they might not employ someone else doing part time in addition?
    If and when if comes to it, you can deal with your own workload, but being hostile to a situation that has not even arisen yet is jumping the gun.
    I am not sure what 'legal rights' you are talking about here.

    Edit to add: What does the team do now, while your colleague is on leave? Is there a temporary replacement?

    We currently have a full time replacement for her. What i want is to not be completely shafted with extra weekend work, longer hours and extra late shifts. I don't think that is unreasonable or "hostile". When i speak about my rights ( i thought i was clear) i mean if my employer comes to us telling us we have to do all this extra work, can i refuse. She can work as many hours as she likes once it doesnt impact me and my life.


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  • Registered Users, Registered Users 2 Posts: 9 nyoto


    Diziet wrote: »
    What do you want to happen? Are you trying to make sure your colleague does not get part time work? How do you know they might not employ someone else doing part time in addition?
    If and when if comes to it, you can deal with your own workload, but being hostile to a situation that has not even arisen yet is jumping the gun.
    I am not sure what 'legal rights' you are talking about here.

    Edit to add: What does the team do now, while your colleague is on leave? Is there a temporary replacement?

    We currently have a full time replacement for her. What i want is to not be completely shafted with extra weekend work, longer hours and extra late shifts. I don't think that is unreasonable or "hostile". When i speak about my rights ( i thought i was clear) i mean if my employer comes to us telling us we have to do all this extra work, can i refuse. She can work as many hours as she likes once it doesnt impact me and my life. I just dont see how that would be possible. Its not beyond the realms of possibility that they could hire a second part timer but unlikely as staff for my position can be difficult to come by.


  • Registered Users, Registered Users 2 Posts: 1,208 ✭✭✭Batgurl


    Leave aside the reason for the extra hours and look at your contract. Does it define your working hours? Or does it state that you need to be flexible? ie you can be scheduled any day of the week and/or any time of day?

    If your employer comes to you to work extra hours, then that is the time to negotiate.

    If your employer just expects you to pick up the slack without discussing it with you, the just work your normal hours until they come to you.

    Bottle line, educate yourself on what your current contract says and don’t make a mountain out of a molehill until you know more.


  • Registered Users, Registered Users 2 Posts: 6,743 ✭✭✭Wanderer2010


    OP you are definitely meeting trouble halfway here, wait and see what happens before you start worrying about extra hours etc.

    Don't trouble trouble until trouble troubles you.


  • Registered Users, Registered Users 2 Posts: 9 nyoto


    OP you are definitely meeting trouble halfway here, wait and see what happens before you start worrying about extra hours etc.

    Don't trouble trouble until trouble troubles you.

    Well im not actually going to say anything to anybody unless its said to me first. I just want to be prepared to fight my corner because I guarantee you they the other parties concerned will have all their ducks in a row. I don't want to be brought into a meeti g to discuss and not know what my rights are if any


  • Registered Users, Registered Users 2 Posts: 831 ✭✭✭Diziet


    Your rights are according to your contract. You have no say over how your colleague's (possible) request is treated.


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