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Same company, different rules

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  • 26-08-2013 2:59pm
    #1
    Registered Users Posts: 2,209 ✭✭✭


    Hi

    Can two people work for a company, one starting years ago, under different management, the other starting two years ago under the new management, and have different entitlements??

    Lets just say for example the employee there the longest, even though good Friday isnt a bank holiday, got it as a day off without having to use annual leave, but the person there two years didnt get it, and there is nothing to state in the contract they had to take good Friday as an annual leave and were not told in advance.

    So more or less what I am asking is, can two people be under different 'rules' within the same company? I thought there was some rule that things like this had to apply to all.


Comments

  • Registered Users Posts: 9,171 ✭✭✭limnam


    A lot of the time things like Good Friday are left to managers discretion.

    If it's not something you're happy with or comfortable with, you can always move to another company.


  • Registered Users Posts: 2,000 ✭✭✭mitosis


    mel123 wrote: »
    Hi

    Can two people work for a company, one starting years ago, under different management, the other starting two years ago under the new management, and have different entitlements??

    Lets just say for example the employee there the longest, even though good Friday isnt a bank holiday, got it as a day off without having to use annual leave, but the person there two years didnt get it, and there is nothing to state in the contract they had to take good Friday as an annual leave and were not told in advance.

    So more or less what I am asking is, can two people be under different 'rules' within the same company? I thought there was some rule that things like this had to apply to all.

    No. Each individual can have different terms of contract


  • Closed Accounts Posts: 7,480 ✭✭✭wexie


    mel123 wrote: »
    Hi

    Can two people work for a company, one starting years ago, under different management, the other starting two years ago under the new management, and have different entitlements??

    Lets just say for example the employee there the longest, even though good Friday isnt a bank holiday, got it as a day off without having to use annual leave, but the person there two years didnt get it, and there is nothing to state in the contract they had to take good Friday as an annual leave and were not told in advance.

    So more or less what I am asking is, can two people be under different 'rules' within the same company? I thought there was some rule that things like this had to apply to all.

    I've seen this done before and experienced it before. Could be they just have different terms outlined in their contracts. Maybe one of them was just a better negotiator?

    In my case I worked for a company that had previously taken over a different company and after a while got taken over by yet another company.

    So there were 3 generations of different contracts and terms and conditions going around depending on how long you'd been with the company.

    (needless to say the people that had been there the longest were best off)


  • Registered Users Posts: 2,209 ✭✭✭mel123


    limnam wrote: »
    If it's not something you're happy with or comfortable with, you can always move to another company.

    Im perfectly aware I could do that, thanks for the unhelpful post.


  • Registered Users Posts: 2,209 ✭✭✭mel123


    wexie wrote: »
    I've seen this done before and experienced it before. Could be they just have different terms outlined in their contracts. Maybe one of them was just a better negotiator?

    In my case I worked for a company that had previously taken over a different company and after a while got taken over by yet another company.

    So there were 3 generations of different contracts and terms and conditions going around depending on how long you'd been with the company.

    (needless to say the people that had been there the longest were best off)

    Thanks for the post. Its not in either contracts. Its not something majorily bothering me, but I just thought if I was differing from the rules already within the company, it should be in my contact, otherwise I would assume I am getting the same entitlements as others in the company. Also I thought there was something about fairness and everyone singing from the same hymn sheet in some circumstances in the work place, but I possibly dreamt this :)


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  • Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    mel123 wrote: »
    So more or less what I am asking is, can two people be under different 'rules' within the same company? I thought there was some rule that things like this had to apply to all.

    Absolutely!

    (If you think that your maangers have the same terms and conditions as you ... you're dreaming!)

    Now, they cannot discriminate on the basis of age, sex, nationality, disability, MOTC .. and a few other things. And if there is a permanent staff member and an agency worker they need to receive the same treatment in a number of ways (but not all aspects).

    But when it comes down to length of service, no there's nothing to stop discrimination based on this (unless it's being used as a proxy for age). In fact, I'd say that most large companies actively do it as a retention tool.


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