''Job no longer available''

Shanotheslayer

Hi All,

Hoping for some advice in this scenario.

I was promoted in January to a Mentor/Team Leader. I was called into a meeting on Friday and was told there is now no need for a mentor for this team etc and that my pay would be going back to what it was previously.

I have an email stating I got the interview.
I have an email stating I got the job.

The issue is there was no contract given but the pay increase was €300 per month. My payslips can confirm this.

I have requested from my boss that can he confirm through email that the position is no longer available.

I'm just wondering is there any case here as there was no contract? I would still think he has to issue an email?

Thanks.

Kind Regards,

Shano.

OMM 0000

I am not a solicitor but I believe your situation is this: http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/being_asked_to_reduce_your_hours_of_work.html

However because you never changed contract, this makes it tricky.

My feeling is you should try to reach some sort of compromise with your employer instead of going down the legal route.

For example, keep the Team Leader title but accept the pay cut. Or lose the title but keep the increased pay, etc.

Are they a multinational?

sexmag

Effectively waht theyve done is made your position redundant.

Speak with your union or HR rep, ask to be moved to another position like the one you were doing on a differnt team or accept you will return to your previous role and keep the pay increase.

Contract or not, you were promoted via an interview process and continued to do a job for 6 months, the company would be on very slippy ground if they tried to pull this over you.

OMM 0000

The e-mails may mean something.

According to the Redundancy Payments Act (http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/HTML/EN_ACT_1967_0021.htm) a contract of employment means:

> (a) a contract of service or apprenticeship, and

> (b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),

> whether the contract is express or implied and, if express, whether it is oral or in writing and references to ‘contract’ shall be construed accordingly;

So it sounds like the e-mails could be an implied contract.

Shanotheslayer

OMM 0000 wrote: »

I am not a solicitor but I believe your situation is this: http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/being_asked_to_reduce_your_hours_of_work.html

However because you never changed contract, this makes it tricky.

My feeling is you should try to reach some sort of compromise with your employer instead of going down the legal route.

For example, keep the Team Leader title but accept the pay cut. Or lose the title but keep the increased pay, etc.

Are they a multinational?

Not multinational no. I'd gladly lose the title and keep the pay. My job workload is still the exact same.

OMM 0000 wrote: »

The e-mails may mean something.

According to the Redundancy Payments Act (http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/HTML/EN_ACT_1967_0021.htm) a contract of employment means:

> (a) a contract of service or apprenticeship, and

> (b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),

> whether the contract is express or implied and, if express, whether it is oral or in writing and references to ‘contract’ shall be construed accordingly;

So it sounds like the e-mails could be an implied contract.

Just to confirm, in the emails it doesn't state what the increase in payment is. It just states that I got the job. However, every other person in this role currently(their positions are still ok, it's just mine) are all on the same pay as it's paid through 'incentives' and not salary.

My boss still hasn't given me confirmation that I am no longer doing this role through email. Only Verbally with a witness(His witness of course)

GreeBo

Whatever you do, dont agree to keep the title without the pay.

AndrewJRenko

Shanotheslayer wrote: »

However, every other person in this role currently(their positions are still ok, it's just mine) are all on the same pay as it's paid through 'incentives' and not salary.

Is this a tax dodge?

Shanotheslayer

AndrewJRenko wrote: »

Is this a tax dodge?

Personally I think so. Everybodys salary would be pretty low but the bonus/incentive makes up for it alot.

Of my monthly wage 60% is salary 40% is bonus/incentive

Dravokivich

How was the role advertised? Short term... secondment... development/trainee role? Its doesn't seem to me anything to suggest it would be temporary is stated. You got a new role and more pay.

Shanotheslayer

Dravokivich wrote: »

How was the role advertised? Short term... secondment... development/trainee role? Its doesn't seem to me anything to suggest it would be temporary is stated. You got a new role and more pay.

Hi Dravo,

I just looked back on the email and it doesn't reflect anything in relation to short term/development/trainee role.

When everybody got the job we questioned about contracts and would be advised that they were being looked into as it's the first time these roles exist etc

AndrewJRenko

Shanotheslayer wrote: »

Personally I think so. Everybodys salary would be pretty low but the bonus/incentive makes up for it alot.

Of my monthly wage 60% is salary 40% is bonus/incentive

Is the bonus/incentive taxed, or paid on top of taxed salary?

Shanotheslayer

AndrewJRenko wrote: »

Is the bonus/incentive taxed, or paid on top of taxed salary?

I believe it is taxed as it comes under my gross earnings.