Refusal to accept pay cuts in the public sector

grundie

I was wondering, can a public sector worker refuse to accept the announced pay cuts on the basis that they don't agree to the change in their contracted employment terms and conditions?

I know that as a private sector worker I can refuse to accept a pay cut, or any change to my employment contract for that matter. If my employer does not like that there's not a lot he can do bar making me redundant. Is this the same situation in the public sector? Surely basic employment contract law applies in the public sector in the same way it does in the private sector?

If so, I don't think the government would fancy dealing with the issues caused by having to make potentially large numbers of people redundant.

PS This page on the Citizens Information website would seem to confirm all this: http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/contracts-of-employment/being-asked-to-reduce-your-hours-of-work#rules

murphaph

grundie wrote: »

I was wondering, can a public sector worker refuse to accept the announced pay cuts on the basis that they don't agree to the change in their contracted employment terms and conditions?

I know that as a private sector worker I can refuse to accept a pay cut, or any change to my employment contract for that matter. If my employer does not like that there's not a lot he can do bar making me redundant. Is this the same situation in the public sector? Surely basic employment contract law applies in the public sector in the same way it does in the private sector?

If so, I don't think the government would fancy dealing with the issues caused by having to make potentially large numbers of people redundant.

PS This page on the Citizens Information website would seem to confirm all this: http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/contracts-of-employment/being-asked-to-reduce-your-hours-of-work#rules

The Dail has the legal power to amend pay, up or down, in the public sector. It's not the same.

grundie

murphaph wrote: »

The Dail has the legal power to amend pay, up or down, in the public sector. It's not the same.

Ahh, thanks. I was wondering how they could force through pay cuts.

seamus

grundie wrote: »

Ahh, thanks. I was wondering how they could force through pay cuts.

Employment law allows an employer to change the terms of employment of any employee without that employee's consent and with reasonable notice.

grundie

seamus wrote: »

Employment law allows an employer to change the terms of employment of any employee without that employee's consent and with reasonable notice.

Are you sure about that? If so it would make the whole concept of having a contract of employment pointless.

I was always led to believe that any change to an employment contract had to be agreed upon by both parties. If one party refused to the change then the existing terms of the contract remained in force. In such a situation the only way an employer could do anything about this was to look at redundancies.

I was wondering if there is something special about public sector employment contracts that allows the government to force through pay cuts without an employee's agreement. I find it doubtful that public and private sector employment contracts are regulated by different laws.

Ham Slicer

grundie wrote: »

I was always led to believe that any change to an employment contract had to be agreed upon by both parties. If one party refused to the change then the existing terms of the contract remained in force. In such a situation the only way an employer could do anything about this was to look at redundancies.
.

I don't know the answer to the main question but I'm sure what you are saying here ic correct. My brother along with c20 colleagues were "offered" a 10% paycut a few months ago. Everyone accepted except him. Nothing happened. He was made redundant later but that was going to happen anyway.

Tipp Man

grundie wrote: »

I was wondering, can a public sector worker refuse to accept the announced pay cuts on the basis that they don't agree to the change in their contracted employment terms and conditions?

I know that as a private sector worker I can refuse to accept a pay cut, or any change to my employment contract for that matter. If my employer does not like that there's not a lot he can do bar making me redundant. Is this the same situation in the public sector? Surely basic employment contract law applies in the public sector in the same way it does in the private sector?

If so, I don't think the government would fancy dealing with the issues caused by having to make potentially large numbers of people redundant.

PS This page on the Citizens Information website would seem to confirm all this: http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/contracts-of-employment/being-asked-to-reduce-your-hours-of-work#rules

did the public sector refuse to take PAY INCREASES because it wasn't in the contract???

seamus

grundie wrote: »

Are you sure about that? If so it would make the whole concept of having a contract of employment pointless.

Well, there's an issue of contention which the citizen's information link alludes to. The Terms of Employment (Information) Act 1994 allows an employer to unilaterally change your terms of employment without consultation, but with notice.
Standard contract law obviously conflicts with this where a contract cannot be changed unilaterally.

I don't know if a challenge has ever been mounted on this.

I was wondering if there is something special about public sector employment contracts that allows the government to force through pay cuts without an employee's agreement. I find it doubtful that public and private sector employment contracts are regulated by different laws.

I suspect these provisions will be written into the finance bill, in which case they become law and workers have no choice but to comply.
If the finance bill states that all private sector workers had to take an x% pay cut, then all private sector workers would have no choice but to comply with the law.

gunnerfitzy

Tipp Man wrote: »

did the public sector refuse to take PAY INCREASES because it wasn't in the contract???

The OP asked a valid question and your irrelevant comment does not address it as everyone knows that the difference between the two is that increases are an agreed change.