New Job was Misleading

Danni21

Hi guys,

I've just returned from travel and started a new job. I don't mean to sound ungrateful as I know i'm lucky to have a job. The issue is we are on week 2 of training and due to start working next week. I haven't received my contract yet.

We are doing group training online and were given our shifts/schedule today. When I asked hours initially before agreeing to take the job I was told "Sunday to Thursday"

I thought this was fine, 5 day week with my weekend off. It now seems that this is not the case but that it is 7 days on for everyone with 2 days off. We get a weekend once a month.

I'm really annoyed over this as i'm planning to do a part time evening course and doing 7 days on with 2/3 days course work in between is too much. Also this was never mentioned in any of my emails with HR.

We're due to get paid this week for the two weeks so far as it's monthly pay but I feel like quitting.

I guess my question is what are my legal obligations?

Can I quit on the spot?

antix80

You can walk out immediately. Your employer is in breach of contract. It would affect any entitlement you have to benefits.

I assume you've already spoken to your assigned manager /trainer about it? Make sure there's no miscommunication.

You could also discuss with the HR /recruitment person. Don't let them fob you off to a TL or anyone else - they offered you the job. Especially don't listen to speeches about trying to be fair to everyone by rotating the hours.
If it sounds like they won't make it work and fob you off or give you a straight out "no".. Personally I'd just stop turning up. If they call you you can explain the reason. If you want to be polite you could quit verbally.

If you want to write a letter "dear sirs, due to my rostered hours being different to hours we agreed on (interview date), i hereby terminate my employment effective immediately. As i previously advised, i have other commitments and am not available to work Fridays or Saturdays."

Tell me how

Danni21 wrote: »

Hi guys,

I've just returned from travel and started a new job. I don't mean to sound ungrateful as I know i'm lucky to have a job. The issue is we are on week 2 of training and due to start working next week. I haven't received my contract yet.

We are doing group training online and were given our shifts/schedule today. When I asked hours initially before agreeing to take the job I was told "Sunday to Thursday"

I thought this was fine, 5 day week with my weekend off. It now seems that this is not the case but that it is 7 days on for everyone with 2 days off. We get a weekend once a month.

I'm really annoyed over this as i'm planning to do a part time evening course and doing 7 days on with 2/3 days course work in between is too much. Also this was never mentioned in any of my emails with HR.

We're due to get paid this week for the two weeks so far as it's monthly pay but I feel like quitting.

I guess my question is what are my legal obligations?

Can I quit on the spot?

Yes.

'The working schedule is not what I was lead to believe it would be before I started in the role and it does not work for me.

Therefore, I will no longer be working here.'

Say it in person, or in writing and leave. If you have been given any equipment or materials such as an ID or access badge, hand them to your supervisor.

Kaybaykwah

Yes, it certainly sounds as if they snared you in. You should unsnare yourself out.

_Brian

I would ask about the difference in information first. Scope out why there is a discrepancy.

You can leave yes but I’d rather see can something be worked out first.

Danni21

_Brian wrote: »

I would ask about the difference in information first. Scope out why there is a discrepancy.

You can leave yes but I’d rather see can something be worked out first.

I highly doubt it to be honest. Every single employee does 7 days by the looks. It left me with a dubious feeling the fact we haven't got our contracts a week and a half in to training,

Danni21

Tell me how wrote: »

Yes.

'The working schedule is not what I was lead to believe it would be before I started in the role and it does not work for me.

Therefore, I will no longer be working here.'

Say it in person, or in writing and leave. If you have been given any equipment or materials such as an ID or access badge, hand them to your supervisor.

Its work from home. I've got all the IT equipment etc.

Tell me how

Danni21 wrote: »

Its work from home. I've got all the IT equipment etc.

Who owns it?
Did the company install any software on it?
Do you have access to any company information or drives via the equipment?

If they own it, don't use it after you leave. Or announce you are leaving, unless it is within a notice period. Same goes with accessing any information or drives. Do not do so unless at a time when you are specifically authorised to do this.

If it is working from home? Is the schedule still an issue? Can you fit your time in to when works for you while then covering the weekend as requested?

Danni21

antix80 wrote: »

You can walk out immediately. Your employer is in breach of contract. It would affect any entitlement you have to benefits.

I assume you've already spoken to your assigned manager /trainer about it? Make sure there's no miscommunication.

You could also discuss with the HR /recruitment person. Don't let them fob you off to a TL or anyone else - they offered you the job. Especially don't listen to speeches about trying to be fair to everyone by rotating the hours.
If it sounds like they won't make it work and fob you off or give you a straight out "no".. Personally I'd just stop turning up. If they call you you can explain the reason. If you want to be polite you could quit verbally.

If you want to write a letter "dear sirs, due to my rostered hours being different to hours we agreed on (interview date), i hereby terminate my employment effective immediately. As i previously advised, i have other commitments and am not available to work Fridays or Saturdays."

Thank you.

I would have accommodated possibly doing every couple of weekends. Its the 7 day working week that is not realistic.

Darc19

antix80 wrote: »

You can walk out immediately. Your employer is in breach of contract. It would affect any entitlement you have to benefits.

I"

How is it breach of a contract that doesn't exist?

For op, there's no requirement on either party to give notice to quit at this early stage.

Danni21

Tell me how wrote: »

Who owns it?
Did the company install any software on it?
Do you have access to any company information or drives via the equipment?

If they own it, don't use it after you leave. Or announce you are leaving, unless it is within a notice period. Same goes with accessing any information or drives. Do not do so unless at a time when you are specifically authorised to do this.

If it is working from home? Is the schedule still an issue? Can you fit your time in to when works for you while then covering the weekend as requested?

Its the companies. There is some company info on there. Not much software as such but do have access to online platforms etc with company information.

Schedule is too much. 7 days in a row with 3 evenings of classes as oppose to 5 days and 2 evenings. It's night shifts too. I'll be exhausted.

listermint

7 days on 2 days off 7 days on...

Seems a bit.. erm weird. Are you sure you've got that accurate.

Tell me how

Danni21 wrote: »

Its the companies. There is some company info on there. Not much software as such but do have access to online You platforms etc with company information.

Schedule is too much. 7 days in a row with 3 evenings of classes as oppose to 5 days and 2 evenings. It's night shifts too. I'll be exhausted.

You know best whether the shift will work for you or not, but ordinarily I would say try it and see how it goes. College work can be somewhat flexible so the idea of being off for 7 days (if I understand the shift rota) might actually work. Again, you know best.

If you are intent on leaving, prepare all equipment to hand over at the moment which for you is when you are stopping working there.
Will make it much smoother than having to arrange to do so later.

Danni21

listermint wrote: »

7 days on 2 days off 7 days on...

Seems a bit.. erm weird. Are you sure you've got that accurate.

My course is two evenings a week. So with the 7 days on with the job there will be some weeks where it might be 3 evenings.

Danni21

Tell me how wrote: »

You know best whether the shift will work for you or not, but ordinarily I would say try it and see how it goes. College work can be somewhat flexible so the idea of being off for 7 days (if I understand the shift rota) might actually work. Again, you know best.

If you are intent on leaving, prepare all equipment to hand over at the moment which for you is when you are stopping working there.
Will make it much smoother than having to arrange to do so later.

Im not off for 7 days. Its 7 days on, 2 days off.

Tell me how

Danni21 wrote: »

Im not off for 7 days. Its 7 days on, 2 days off.

How many hours/day week? Do you expect to work or do they expect you to work?

This makes it look like there is some flexibility in terms of fitting in your job when it suits within the 7 days?

Danni21

Tell me how wrote: »

How many hours/day week? Do you expect to work or do they expect you to work?

This makes it look like there is some flexibility in terms of fitting in your job when it suits within the 7 days?

No its a very rigid roster. 8 hour shifts.

antix80

Darc19 wrote: »

How is it breach of a contract that doesn't exist?

For op, there's no requirement on either party to give notice to quit at this early stage.

A verbal contract is still a contract. You're actually wrong

Danni21

antix80 wrote: »

A verbal contract is still a contract. You're actually wrong

Which is better for me??? I was distinctly told Thursday to Sunday.

Markcheese

Have a proper talk to someone in hr before you quit , 7 on 2 off sounds a bit weird , since everything is still verbal so far could there be a bit of mis-communication ,

Danni21

Markcheese wrote: »

Have a proper talk to someone in hr before you quit , 7 on 2 off sounds a bit weird , since everything is still verbal so far could there be a bit of mis-communication ,

It's not a miscommunication. One of the IT guys shared the roster via Zoom yesterday and then emailed to us. Everyone does 7 days at a time. I also seen a message when my online trainer screen shared saying "I hate telling the new hires they have to work 7 days" from the same guy. Guess my trainer made a blunder. So why would a guy that is not HR be hating having to "tell" us this. We're now a week and a half in. This should have been disclosed from day 1. Sounds hella shady to me.

un5byh7sqpd2x0

7 x 8 sounds illegal under the OWTA. Haven’t worked out the 16 week average though.

TheChizler

Danni21 wrote: »

No its a very rigid roster. 8 hour shifts.

I'd clarify that they're in fact asking you to do a 56 hour week including overtime occasionally, and work through an example naming the days. I've known managers who describe shifts in a very strange way because it's the only way they can figure out rosters in their head.

Danni21

Thomas Tinkling Ramrod wrote: »

7 x 8 sounds illegal under the OWTA.

Thanks Thomas Tinkling Ramrod.

I'm a bit out of the loop around Employment law in Ireland at the minute as i've been away. I'm thinking they might be getting away with it based on the structure of the week.

Eg. Next week - I work Monday, Tuesday and Wednesday off. Then I work Thursday, Friday Saturday and Sunday. So that's technically 5 days in that week. But then i'm also in Monday, Tuesday, Wednesday.

Surely the working week is considered around the hours the business operates etc to some degree?

Just had a look and apparently 48 hours is legal.

Smee_Again

TheChizler wrote: »

I'd clarify that they're in fact asking you to do a 56 hour week including overtime occasionally, and work through an example naming the days. I've known managers who describe shifts in a very strange way because it's the only way they can figure out rosters in their head.

Yeah, he must have made a mistake with the hours.

Most likely they mean a 7 day week but you work on 5 days.

Otherwise he’d be working an average of 48 hours a week with no rest days on certain weeks.

Danni21

Smee_Again wrote: »

Yeah, he must have made a mistake with the hours.

Most likely they mean a 7 day week but you work on 5 days.

Otherwise he’d be working an average of 48 hours a week with no rest days on certain weeks.

Nope. I've seen the roster. It's 7 days of working and then 2 days off. This might run into the next week, but it's still 7 days without a break.

Danni21

TheChizler wrote: »

I'd clarify that they're in fact asking you to do a 56 hour week including overtime occasionally, and work through an example naming the days. I've known managers who describe shifts in a very strange way because it's the only way they can figure out rosters in their head.

It's 100% a 56 hour week, but with our breaks it's 48 hours working. 7 days work then two days off. I've seen the roster for the next few weeks.

They’re not going to change it to suit you, so whether misled or not, if you don’t want to work the roster you need to jack it in right now and get back to jobhunting.

Places like that have been through this time and again and it’ll be water off a ducks back. You won’t get them over a barrel so you may as well focus the energy elsewhere.

Danni21

JayZeus wrote: »

They’re not going to change it to suit you, so whether misled or not, if you don’t want to work the roster you need to jack it in right now and get back to jobhunting.

Places like that have been through this time and again and it’ll be water off a ducks back. You won’t get them over a barrel so you may as well focus the energy elsewhere.

I don't want them over a barrel. I simply want to know if I can just up and leave without repurcussions.

Galadriel

Danni21 wrote: »

I don't want them over a barrel. I simply want to know if I can just up and leave without repurcussions.

Of course, you haven't signed anything.

Markcheese

Danni21 wrote: »

I don't want them over a barrel. I simply want to know if I can just up and leave without repurcussions.

You can ,