Hours changed without consulting me

Girl_harbour · 17-09-2022 11:03pm #1

I started my job last year and my hours were always Friday evenings, all day Saturday and all Day Sunday working from home. I went on maternity leave in February and im due back next month. I went to have a look at the schedule for next month and now instead of the hours I used to work, for the first 2 weeks im back im down to work from wednesday day to wednesday night and all weekend as normal. the last week of the month then im working the bank holiday which is fine, I always do those, wednesday night and all weekend. I took this job as I also have a toddler not in creche/school and when im working my husband has them as he has a standard mon - fri 9-5 so neither of us were working the same time. we both assumed that once I went back he would have both kids while i worked and vice versa. theres no way I can do these random daytime hours with no one to watch my toddler and 6 month old. I dont know why they assumed when i couldnt do these hours previously that I now can when I have a 6 month old at home? They didnt ask me about changing my hours. I havent passed probation yet because I went out on maternity leave so I dont know if this is a ploy to get me to not come back? or if I complain it will be held against me?

I checked my contract and while it doesnt state set hours it does say The Company reserves the right to change your working hours and start/finish times on reasonable notice to you.

any advice welcome

bucketybuck · 17-09-2022 11:22pm

After being absent for 7 months, it sounds as if you are returning to work without having spoken to your boss or supervisor? Is that the case? Is checking the schedule the only thing you have done to prepare to return to work?

Girl_harbour · 17-09-2022 11:32pm

No, I've actually spoken to the head of my dept a few times since I've been out. Lastly about 6 weeks ago to confirm my return date and to double check it was okay to use up my parental leave/holiday days before returning. No mention of it what so ever

Augme · 17-09-2022 11:38pm

Ask them if you can revert back to your previous hours. But at the end the day that will be at their discretion and if they say no then you've to either accept that or find a new job.

Mrs OBumble · 17-09-2022 11:54pm

Your contract specifically says that they reserve the right to change your hours. Just because they didn't so in the past doesn't mean they cannot do so now. And they've given you (at least) two weeks notice for a monthly roster, which isn't unreasonable.

If you want to limit the days and hours you're available to work, then you need to discuss it with them.

And in the short term, you need to look at childcare options.

Count Dracula · 17-09-2022 11:56pm

If they like your work they will facilitate you and your hours. They should not have an issue changing it to your requests.

It they don't.......

It is not fair I know, but small firms, especially private co's, often do not have the resources to facilitate maternity in the first instance and if they get an opportunity to make things awkward they sometimes will.

The fact that you were not through your probation will not do you any favours.

Any company that I have ever worked for always send, or have sent flowers to employees after the birth. Did you get any?

It might just be that they were unaware of your work plans when you get back. If they want to facilitate you they will. I would imagine if you ask they will change it up to what you want, but it could easily be a subtle shot across the bow from senior management or the owners to make you realise that they are in charge and that they expect you to concentrate on your job when you get back to it. Harsh I know, but I have heard some colourful analogies from small business owners over the years when it comes to maternity cover and how it can affect their business plans. At the end of the day that is all they care about.

Jim2007 · 18-09-2022 7:49am

https://www.boards.ie/discussion/comment/119632623#Comment_119632623

The reality is that life has moved on, other people have taken your slots and it may not be easy to get them to give them up, if they find it more convenient.

You should ask your supervisor if anything can be done, but complaining about how the company does things, I think not. You are in a new job, on probation, been on maternity leave and parental leave, so they don't really have much invested in you at this stage, so pulling the plug and going with someone else is not that difficult.

Borzoi · 21-09-2022 8:31pm

From Citizens advice:

"Can I return to my old job after maternity leave?

You are treated as being in employment while you are on maternity leave and additional maternity leave. This means that you have the right to return to work to the same job with the same contract of employment. If this is too difficult to arrange, your employer must provide suitable alternative work on terms that are not ‘less favourable’ than in your previous job.

If pay or other conditions have improved while you have been on maternity leave, then you should get the improvements when you return to work."

you may need to consult a solicitor, but maternity protection is one of the strongest elements of Irish employment law,

Jim2007 · 22-09-2022 1:08pm

https://www.boards.ie/discussion/comment/119648221#Comment_119648221

How is the OP not being treated the same as everyone else? She is not being prevented from returning to work and is, as set out in her contract, available for general scheduling. People are not guaranteed slots and while she was away other people took over her slots, that is life. To let her pick and choose the slots would be unfair to the others.

miamee · 22-09-2022 3:44pm

No one has 'taken her slots', she has her same working hours all weekend PLUS all day Wednesday if I am reading that correctly. They have added an extra day on to her work week.

@Girl_harbour if you have been in touch with your dept head a few times as you said then have you a good enough relationship to call them up and talk to them about the newly scheduled day? It might be an easy fix or a temporary thing to cover a holiday or something (though I wouldn't bank on it either)

Borzoi · 23-09-2022 9:40pm

Her hours have been changed from before maternity leave until after. Good luck with that in the WRC.

kennethsmyth · 23-09-2022 10:11pm

https://www.boards.ie/discussion/comment/119657680#Comment_119657680

Yep, not clever by the employer, probation or not you don't mess with anything related to maternity leave. If employer wants to change her hours they should of brought her back on the original hours and then change at a later date. There action will not go down well with WRC.

Count Dracula · 23-09-2022 10:33pm

https://www.boards.ie/discussion/comment/119657680#Comment_119657680

https://www.boards.ie/discussion/comment/119657844#Comment_119657844

What can the WRC do?

They haven't messed with her maternity leave at all?

Reasonable hour change means a few days notice, that is all. It also only legislates against employers ripping the complete piss with shift workers. For example they cannot demand night workers push through the following morning etc. It is basic stuff.

Believe me op, your employer may not want you to escalate this to a 3rd party, but it is not worth your while to bother them at this stage of your relationship with them. They barely know you by the sounds of things and you would be better off concentrating on discussing more favourable hours with them first. If they don't budge it would indicate to me that they are being deliberately awkward in the hope that you will walk. If that happens you could react with the WRC, but you will get nowhere and find yourself wasting your time in a drawn litigation ( possibly 2 or more years )with a company that will never give you a decent reference for starters. That is before the months of rigamarole you will have to do ( including turning up every day to a job which no one wants you to do ) just to find yourself in some BS litigation you probably won't win.

You are still in probation, having a baby will not leap frog you out of that fact. You have very few rights here all said, a bummer I know, but think of your baby and all the undue stress and hassle you will be placing you both under, for maybe a few weeks pay and no reference... and no job.

Borzoi · 24-09-2022 10:24am

https://www.boards.ie/discussion/comment/119657936#Comment_119657936

From your comments, you have no understanding of the WRC or how employment law operates. stop trying to put the fear into someone, to protect a crappy employer. the more employers that go to the WRC and lose and have their details published, the better it is for all workers rights

Count Dracula · 24-09-2022 11:03am

I am just stating a few facts Borzoi.

If you really cared about the ops right's you would be encouraging her to think of her family instead of using her as some guinea pig for your rubbish left wing fantasy.

Workers' rights are legislated to set benchmarks and create parameters for both workers and employers. Yes, they are subject to challenge, but I would imagine that the WRC will find more suitable scenarios to provide better protection for female workers. Not in this instance.

My comments are very fair, they may not suit your agenda, but accusing me of scaremongering other posters will not work. This is not an opportunity for you to launch scathing attacks on other posters opinions just because you don't like them.

Akrasia · 24-09-2022 11:12am

If the OP is being told she is returning on less favourable hours than when she went on maternity leave then the WRC will take a very dim view on this

First thing she needs to do is talk to her employer and tell them that the new hours are not practical for her and were not agreed by her.

The contract may say that her hours are subject to change but that doesn't give the employer carte blanche and the WRC are used to constructive dismissal cases where these clauses are abused

Count Dracula · 24-09-2022 11:23am

https://www.boards.ie/discussion/comment/119658940#Comment_119658940

Constructive dismissal only applies to workers on full time contracts who have worked greater than 12 months with the same employer. The op will need to get through her probation before she becomes even eligible to resign her position and claim she did so under employer duress.

kennethsmyth · 24-09-2022 7:44pm

https://www.boards.ie/discussion/comment/119658917#Comment_119658917

Your comments are not correct regarding this particular scenario hence not "fair". You are projecting your opinion as opposed to how the WRC has previously viewed any change to working arrangements on return from maternity leave.

This is a change to her working arrangements and the timing would be considered at minimum suspicious by the WRC. I have been involved in a case almost identical to the op's. As I said previously the only way to change the working arrangements is to offer the exact same as previous to maternity and then at a later stage change as required - returning from maternity with hours and days changed will stink of employer retribution.

Count Dracula · 24-09-2022 7:54pm

How the identical case you were involved in pan out?

bucketybuck · 24-09-2022 8:08pm

Anybody advising the OP to go to WRC is talking out of their ass quite frankly. And doing her no favours.

She has no set hours in her contract, they explicitly have the right to set the working hours, and they have given plenty of notice of what those hours are. Technically they aren't changing anything, they are just setting a schedule which they are perfectly entitled to do. Think about it, if her hours were fixed why is there even a schedule to be checked...

Despite all of that that, there is only one change in next months hours compared to what she was used to previously. Are we saying that the company cannot make any adjustment to her schedule despite her not being on fixed hours to start with?

And this lady is on probation, they can let her go for any unprotected reason whatsoever. It would be trivially easy to put her out the door without tripping over maternity legislation.

And since she seemingly hasn't just asked her supervisor what is going on, does she even know for sure that this is a long term adjustment? What if its just a change for this month because the other staff who have been covering for her all year have made plans this month, and she would be back to the old schedule next month?

Telling this lady to go to WRC is just horrible advice that will gain her nothing but trouble. Sit down and talk to her boss should have been the first and only advice given.

24-09-2022 8:27pm

what exactly would the WRC care that a roster was changed? I once worked in a hotel, they gave me two weeks the same, should I sue because they didn’t keep my roster identical permanently afterwards?

Just talk to your boss and let them know the hours don’t suit and if they can’t change them you can:

1: find a new job

2: get a babysitter

3: your husband could ask their employer if they can work a different schedule so he can mind the kids and you can as per your previous arrangement

this isn’t a huge problem really and certainly not worth the WRC, really, you’re just making a mountain out of a molehill doing so. It’s a silly idea.

CramCycle · 24-09-2022 8:55pm

Dear lord it's frightening the advice on here. Talk to whoever your line manager is here first, remind them what your arrangements were pre maternity leave and that you presume it's just a slight admin error. Do not get forceful or angry if you don't get the response you want. 9/10 that solves the issue. The WRC is a case of last resort and anyone talking about going to them immediately doesn't know that's not how it works unless in a unionised setting. They either meet you favourably and revert or sit down and say it's not feasible but here are options. If it's the latter then you decide on whether you want a solicitor or you can live with the options. If you go with a solicitor then they will give you advice, you act according to that advice (anything from work to rule to sick leave), and then discussions begin between your solicitor and their legal reps. Realistically at this point, your looking at a reduced (but not impossible) probability of a return to work for that employer.

I hope it's the former, it most likely is, you've been away for 6+ months and they have a hole in the roster and either haven't thought or think you'll appreciate the extra hours. If it's the latter, then remember to follow your solicitors advice and also don't take things personally. Remain friendly.

I have had friends go through this process, it shook them. If it goes well, it's a story over wine where they say how easy it is to mistake a situation. If it doesn't go well, it's a lesson learned on listening to your solicitor and also remembering that (and this is the tough one) you should separate friends from business and don't take things personally. They are looking after their jobs too, don't hold their business reactions against them.

Hours changed without consulting me

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