Unreasonable hours

Kaylami

Hi guys once again need your help!

I have a issue with work in that I keep getting rostered for a 3-11pm shift then a 6.45 - 3pm shift the next day. Its takes 1 hour to commute to work so this means 5 hours sleep tops.

I have 2 small kids and my circumstances have changed and I'm now a single parent.

I simply can not do the shifts as no child under will take my kids for 24 hours + .
I have explained this to my direct manager & general manager and was told last week no more preferential treatment will be given!

While I was on maternity was replacement was rostered 6.45-3 Monday - Friday as she had childcare issues.

I'm just so worried and I'm wondering do any of ye have any thoughts on what I could do?

Thanks

Nody

Sounds like a breach of the Working Time Act.

PART II

Minimum Rest Periods and other matters relating to Working Time


Daily rest period.


11.—An employee shall be entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours during which he or she works for his or her employer.

Mrs OBumble

ahh, there are some exceptions to that 11 hour thing. I googled, but couldn't find a good statement of them - Citizen's Information seemed to be the best.

FLAC make this broad statement:

"There is an automatic exemption from the rest
provisions for shift workers when they
change shift and for workers on split shifts.
Equivalent compensatory rest must be given
within a reasonable period of time."

http://www.flac.ie/download/pdf/working_hours_09.pdf

I would suggest calling NERA, and talking to them to see what exemptions exist in your industry, and what options you might have.

Kaylami

Thanks everyone.

I spoke to a very helpful person in NERA who advised me it is indeed illegal.

I spoke to my employer and was told that's how things are if you don't like it you know what to do so I handed in my notice .

Really annoyed with my employers attitude as they knew I couldn't do those shifts to begin with.

who what when

Sounds to me like they managed you out.

If the hours were 'illegal' you could have gone further with it!

Colash

Kaylami wrote: »

Thanks everyone.

I spoke to a very helpful person in NERA who advised me it is indeed illegal.

I spoke to my employer and was told that's how things are if you don't like it you know what to do so I handed in
Really annoyed with my employers attitude as they knew I couldn't do those shifts to begin with.

Please take this matter further . The likes of NERa are there to help . Your employer sounds like an ungreatful idiot to be honest . You should really not back down from this

vibe666

get everthing written down whilst it's fresh in your head, and I mean EVERYTHING.

then head to citizens advice with all your information and talk to them about what to do next.

Did much happen between you going on maternity and coming back? I.e. did they change your shifts around without your consent? You might be able to do something if that is the case, but you'd have to go through it with someone in CAB to be sure.

tatli_lokma

who what when wrote: »

Sounds to me like they managed you out.

If the hours were 'illegal' you could have gone further with it!

No they didn't manage her out. Managing someone out is usually when you monitor performance and behaviour and stick to the rules and policy and use them as a tool to highlight deficiencies in an employees behaviour.

What happened here was constructive dismissal.

OP I so wish you had posted before handing in your notice. What would have been better for you would have been for you to refuse to do the hours and put the ball back in their court. Then they would either have to sack you or tolerate the situation until they found another opportunity to manage you out. This would have been better for you in lots of respects.

By handing in your notice you played into their hands unfortunately.

But all is not lost. As mentioned you can still take this further and could potentially bring a case of constructive dismissal.

Contact NERA again and ask for their guidance. I for one would not be letting this go so easily.

tatli_lokma

vibe666 wrote: »

go through it with someone in CAB to be sure.

Not sure the criminal assets bureau would be much help in this case :P

Kaylami

To be honest I just had it with them.
I did consider refusing point blank to do the hours but would rather leave with a good reference than taint it now.

The guy in NERA I spoke to was adamant that you must have a daily break of 11 hours between shifts ( no exceptions for my industry)
He was very helpful but my employers were having none of it.

Its over & done with now I'm finished in 2 weeks but still rostered to work sat night and Sunday morning!

Kaylami

Kaylami wrote: »

To be honest I just had it with them.
I did consider refusing point blank to do the hours but would rather leave with a good reference than taint it now.

The guy in NERA I spoke to was adamant that you must have a daily break of 11 hours between shifts ( no exceptions for my industry)
He was very helpful but my employers were having none of it.

Its over & done with now I'm finished in 2 weeks but still rostered to work sat night and Sunday morning!

How long were you working there? I reckon you have a strong case for constructive dismissal. There is NO excuse for their behaviour.

Kaylami

I don't know if this makes a difference but they recently ( last week) took on 2 new people in my department.

Kaylami

I would have been there 2 years next month.

Kaylami

Kaylami wrote: »

I would have been there 2 years next month.

They wanted you out before you would be entitled to redundancy in the event of them going bust. I'd not let them away lightly. Get legal advice. Your local Citizens Advice centre would have a visiting solicitor. Contact them.

Eoin

Maryanne84 wrote:

I reckon you have a strong case for constructive dismissal.

Little Ted wrote: »

What happened here was constructive dismissal.

It was just a resignation unless the labour court finds otherwise! Leave it to the lawyers please.

tatli_lokma

Eoin wrote: »

It was just a resignation unless the labour court finds otherwise! Leave it to the lawyers please.

Is it not the whole concept of constructive dismissal that you feel that you have no option but to leave employment due to the behaviour of your employer???

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/constructive_dismissal.html

I believe this is the case here and therefore advised OP to seek further advice on the matter from those more knowledgeable. I didn't exactly tell OP that they will definitely win a legal case!

Eoin

You must prove it was constructive dismissal, until then it's a resignation. It's the same as saying "you were unfairly dismissed". No one here can say that.

tatli_lokma

Eoin wrote: »

You must prove it was constructive dismissal, until then it's a resignation. It's the same as saying "you were unfairly dismissed". No one here can say that.

Fair enough, but by that logic we need to amend half the posts in work and jobs.

LowKeyReturn

Constructive dismissal is very hard to prove. The OP would have been better off refusing to work the shifts and turning up after 11 hours - not a particularly wise course of action in of itself.

If the employee doesn't use the grievance procedure they can expect a similar treatment to an employer who doesn't use the disciplinary process.

All that said I hope the place gets an inspection and a hefty fine.

Kaylami

Hi guys quick update
I was offered a new better position in a different company so I'm finished with my job tommorow and starting my new job Monday !

Didn't turn out to badly for me in the end

Good for you! Onwards and upwards. Be happy.