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Company trying to force workers out?

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  • 28-01-2010 6:30pm
    #1
    barney 20v
    Registered Users Posts: 980 ✭✭✭


    Hi all,
    I have decided to post up here to seek help/advice on behalf of my girlfriend.
    She is currently employed in the retail sector in a small shop which is part of a medium size chain of shops. She is working in the shop in question since April 2005 and has a 100% attendance record and no verbal or written warnings in all her time there...
    She works 20 hours a week and has been since 2005. Recently her hours have been cut without formal notice to between 14 to 16 hrs a week.
    The shop in question is currently over staffed and the reason that has been [informally] stated is that; in order to secure the jobs of as many as possible it is necessary to divide the working hours between the extra number of staff..
    The crux of the problem is that the last two people employed are directly related to the management of this shop and all the employees are being forced to take a cut in hours and wages to keep these people in jobs...
    This to me does not seem to be a fair or right thing to do.. surely if the shop is over staffed the solution would be to reduce staff numbers?
    Instead my Girlfriend and others are being forced to take a 20% or more pay cut to keep these people in jobs?
    Is this illegal or can my girlfriend and her co-workers do anything to secure their rights with regard to contract?

    As a backdrop to all this the shop she works in is the strongest performing of all the shops in the chain and my girlfriend is the 2nd longest serving staff member and the shop employees have no union representation .
    Any help would be greatly appreciated as this is having a serious effect on my girlfriend both fiscally and mentally..
    thanks in advance!
    concerned boyfriend.


Comments

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    #2
    Sleepy
    Registered Users Posts: 24,249 ✭✭✭✭Sleepy


    Unless her contract explicitly says she's guaranteed 20 hours a week, she's no case I'm afraid.


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    #3
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    I would have to disagree.

    Join a union as soon as possible as redundancy in your girlfriends case would be alot more than anyone else in store. She doesn't want to make any decisions that would make her entitled to less money if they did offer redundancy.

    It sounds like these new hours have been agreed between all staff already.

    If she is working below her 20 hour contract she could be see as accepting a cut in her contract already.

    She could, in writing, state she is available and more than willing to work up to 20 hours a week. This reinforces her wish not to let go of her contract.

    Usual course of action in this case is to let go anyone on probation, have every one working at just their contract hours and then look at a selection process to let people go.

    This issue has come up before between unions and retailers:

    http://www.breakingnews.ie/archives/2009/0617/business/tesco-workers-ready-to-strike-because-of-cut-in-hours-415257.html


    Could be worth a call to NERA but I wasn't very impressed with some advice they gave friends of mine.


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