Girlfriend in a bad position.

2Mad2BeMad

Hi everyone were looking for some advice.

Myself and my girlfriend welcomed a baby boy into the world 5 and half months ago. She's due to return to work the end of this month.
Her job is a health care assistant and she done 12 hour shifts 3-4 days a week during the day.
But as she was leaving for maternity a new director has taken over (under same company name and same contracts) And has stated all employees must do 1month day shift and 1 month night shift on a continuous rotation through out the year.
Now her contract the one she signed when starting the job states she has to agree to do this so unfortunately there is just no way she can go back to work as there is no one to mind our baby.
We had a minder if she was working days only but now that she is forced to do night's we just can't find anyone to take our child.
Creches also have a waiting period until September at the minimum in our area due to so many people needing them.
So basically she's pretty much forced out of this job. She tried explaining it to the company but they just said no.

So she will have no income herself if she just leaves and I barley earn enough to pay rent and bills is there anything she can claim until she finds more suitable work? If she just leaves can she claim job seekers straight away will they understand?

splinter65

2Mad2BeMad wrote: »

Hi everyone were looking for some advice.

Myself and my girlfriend welcomed a baby boy into the world 5 and half months ago. She's due to return to work the end of this month.
Her job is a health care assistant and she done 12 hour shifts 3-4 days a week during the day.
But as she was leaving for maternity a new director has taken over (under same company name and same contracts) And has stated all employees must do 1month day shift and 1 month night shift on a continuous rotation through out the year.
Now her contract the one she signed when starting the job states she has to agree to do this so unfortunately there is just no way she can go back to work as there is no one to mind our baby.
We had a minder if she was working days only but now that she is forced to do night's we just can't find anyone to take our child.
Creches also have a waiting period until September at the minimum in our area due to so many people needing them.
So basically she's pretty much forced out of this job. She tried explaining it to the company but they just said no.

So she will have no income herself if she just leaves and I barley earn enough to pay rent and bills is there anything she can claim until she finds more suitable work? If she just leaves can she claim job seekers straight away will they understand?

If you are working at least 20 hours per week you can claim FIS . Apply right away.

listermint

Just reading between the lines here, Are you not available to mind the child at night ? I.e you are there or do you live elsewhere ?

Xterminator

Hi Op

if you or a family member could mind the child. you would be saving on childcare costs too.
Why is it not possible?

Can you not adjust your hours, and have you tried that?

2Mad2BeMad

listermint wrote: »

Just reading between the lines here, Are you not available to mind the child at night ? I.e you are there or do you live elsewhere ?

I work similar shift hours different job though so no I can't sadly. I can only mind him on weekends as I am off weekends.

2Mad2BeMad

Xterminator wrote: »

Hi Op

if you or a family member could mind the child. you would be saving on childcare costs too.
Why is it not possible?

Can you not adjust your hours, and have you tried that?

All my family work and I do mad hours during weekdays. We have 1 family member who can take him 3 days a week but it doesn't cover us when were both on nights simultaneously as the family member can't mind him over night.

My hours can't be adjusted as my strict boss has already told me. I asked him several times over the last few months.

2Mad2BeMad

splinter65 wrote: »

If you are working at least 20 hours per week you can claim FIS . Apply right away.

She would need to find a new job which would be part time and it would have to be immediately. It's a good idea if we had a few months more but we don't.
We only found out in the last 2weeks she has to work night's.

2Mad2BeMad

2Mad2BeMad wrote: »

She would need to find a new job which would be part time and it would have to be immediately. It's a good idea if we had a few months more but we don't.
We only found out in the last 2weeks she has to work night's.

I think the idea was for her to mind the baby and for you to apply for family income supplement if possible.

Seve OB

i'm not sure they can change her hours like that
even if it was in her initial contract, if she didnt actually do shift work and settled into a pattern of just working days, that in itself is deemed he contract (im sure there is some lenght of time she would need to have been doing it)
could be a case for constructive dismissal

IMO, get her to speak to a professional HR/Citizens advice and while I hate saying the word maybe a union

splinter65

2Mad2BeMad wrote: »

She would need to find a new job which would be part time and it would have to be immediately. It's a good idea if we had a few months more but we don't.
We only found out in the last 2weeks she has to work night's.

Are you not working 20 hours yourself? Only one of you needs to be working at least 20 hours.

2Mad2BeMad

Deleted User wrote: »

I think the idea was for her to mind the baby and for you to apply for family income supplement if possible.

I earn just above the limit for family fis. Apparently 520 euro a week is the liveable wage suppose to pay the bills,rent,get food for ourselfs as well as baby food and clothe him.
We are fine when both working and can manage just fine even if it means spending above 600 a month on someone to mind him. But we can't both work nights at the same time and unfortunately eventually a month or 2 down the line it will happen as it has before our baby was born.

Seve OB wrote: »

i'm not sure they can change her hours like that
even if it was in her initial contract, if she didnt actually do shift work and settled into a pattern of just working days, that in itself is deemed he contract (im sure there is some lenght of time she would need to have been doing it)
could be a case for constructive dismissal

IMO, get her to speak to a professional HR/Citizens advice and while I hate saying the word maybe a union

Shes not in a union, and shes been working days since 2016 , she got promoted then which allowed her not to work nights. but she is working their 4 years in total, so her first 2 years where mixed shift work, then after the promotion it was shift work again except excluded nights. Either way i just read her contract and it asks her to be flexible at all times and do any hours that are necessary

splinter65 wrote: »

Are you not working 20 hours yourself? Only one of you needs to be working at least 20 hours.

No I'm contracted for 40 hours a week but generally do above 50 sometimes 60 in very busy periods.


The job is already a lost cause for her, were really just trying to see if she will get job seekers until she can get new employment somewhere else. But she can't just walk out of the place, she really has to be let go by the company.

wifey28

She would prob get JSB but will likely have to deal with anywhere up to 9 weeks (its at socials discretion tbh) without payment as shell have left the job of her own accord.

splinter65

2Mad2BeMad wrote: »

I earn just above the limit for family fis. Apparently 520 euro a week is the liveable wage suppose to pay the bills,rent,get food for ourselfs as well as baby food and clothe him.
We are fine when both working and can manage just fine even if it means spending above 600 a month on someone to mind him. But we can't both work nights at the same time and unfortunately eventually a month or 2 down the line it will happen as it has before our baby was born.




Shes not in a union, and shes been working days since 2016 , she got promoted then which allowed her not to work nights. but she is working their 4 years in total, so her first 2 years where mixed shift work, then after the promotion it was shift work again except excluded nights. Either way i just read her contract and it asks her to be flexible at all times and do any hours that are necessary


No I'm contracted for 40 hours a week but generally do above 50 sometimes 60 in very busy periods.


The job is already a lost cause for her, were really just trying to see if she will get job seekers until she can get new employment somewhere else. But she can't just walk out of the place, she really has to be let go by the company.

She’ll be disqualified for 9 weeks from JSB.

tricky D

2Mad2BeMad wrote: »

Shes not in a union, and shes been working days since 2016 , she got promoted then which allowed her not to work nights. but she is working their 4 years in total, so her first 2 years where mixed shift work, then after the promotion it was shift work again except excluded nights. Either way i just read her contract and it asks her to be flexible at all times and do any hours that are necessary.

Further to Seve OB's point... The concept of contract by practice might apply here where actual practices trump written contract after a certain time. You would need proper legal advice to clarify that. Happened to me once but HR were properly clued up and restored my conditions accordingly.

The powers that be might also take a dim view due to it being a maternity matter. They certainly do for pregnancy.

Seve OB

tricky D wrote: »

Further to Seve OB's point... The concept of contract by practice might apply here where actual practices trump written contract after a certain time. You would need proper legal advice to clarify that. Happened to me once but HR were properly clued up and restored my conditions accordingly.

The powers that be might also take a dim view due to it being a maternity matter. They certainly do for pregnancy.

Yuup, she needs to stand her ground. Get advice but the last thing she should do is quit her position. If they don't restore her hours, if she pushed the matter all the way to the labour court they will find in her favour, I would eat my hat if it went any other way.

There is free halo through citizens advice bureau for this type of thing so union is not necessary, and I'm sure there are other free options she could investigate

LegacyUser

splinter65 wrote: »

She’ll be disqualified for 9 weeks from JSB.

It is highly unlikely that she will be disallowed for 9 weeks.
Having no childcare when you are both working nights is in my opinion a legitimate reason to leave the job. However, it is completely at the digression of a deciding officer.
If she is going to leave the job and she is genuinely looking for another job then go in with evidence of applying for advertised jobs, preferably full time jobs. It will strengthen her case.

Deciding officers are human too!!

Pronto63

StateBenefits wrote: »

It is highly unlikely that she will be disallowed for 9 weeks.
Having no childcare when you are both working nights is in my opinion a legitimate reason to leave the job. However, it is completely at the digression of a deciding officer.
If she is going to leave the job and she is genuinely looking for another job then go in with evidence of applying for advertised jobs, preferably full time jobs. It will strengthen her case.

Deciding officers are human too!!

Especially if you're taking a case for unfair dismissal. If you have evidence of this there is no DO that would suspend you for 9 weeks.