Employer changing contract.

lizzy11

Hi, my husbands employers want them to work on bank and public holidays. they do work the Saturday to cover for the bank holiday Monday and over the weekend if Christmas and St Stephens day lands during the week. they were all send a memo about consultation regarding change to terms and conditions of employment, my husband wrote a letter stating he does not wish to work on them days as did many other employees.

The 30 days consultation period has ended and nobody has heard anything about it only a few employees have seen new calendars which are sent out to customer with new revised dates of collection on bank and public holidays.

Question is can my husband be force it work on them days even though he has not agreed to it and can they sack him over not working them.

the company are trying everything to save money . Its only rumors but wouldn't put it past the company but they want to get rid of employees like my husband who has work there for yrs gets paid overtime etc and they want to bring in internships from social welfare or get new employee in under a new basic wage contract ( no overtime payments) which a few of the employee who were employed lately are on

Michael D Not Higgins

If they're made work bank holidays then they should get an annual leave day in lieu or an additional day's payment. I know he doesn't want to work the bank holidays, but does it say in his contract that he gets those days off? If it does then there has to be an agreement between employer and employee about changes to the contract.

lizzy11

We cant find his contract ( been over 10 yrs since he started and has always worked the Saturday before) here is the memo:

"This letter is to formally notify you that based on the revised operational requirements of the company, the company is entering into a 30 day consultation period with you regarding the existing terms and conditions of your contract of employment.

The company wishes to amend your terms and conditions as it is introducing and implementing the provision of collection services on Bank/Public Holidays.

Ideally the company would like you on board for the implementation of this revised working practice. Should you not raise any issue, it will be deemed that you are acceptant of the revised terms and conditions.

If you have any issues or questions regarding this change, please provide them in writing.

to me its them asking the employees to let them change the terms of the contract to allow them to get the employees to work the bank and public holidays.. he doesn't mind working the bank holiday Mondays but its Christmas, st Stephens day, New Years Day.

Michael D Not Higgins

They definitely need to explain further than this. I also don't think it's legal to say no response is acceptance of terms.

Mrs OBumble

Michael D Not Higgins wrote: »

They definitely need to explain further than this. I also don't think it's legal to say no response is acceptance of terms.

Linkies please ...




Actually I suspect is is legal: the company has formally notified a consultation period. They're consulting. Some employees will disagree, or not want to work Steven's day or whatever. Some won't care. Some would rather work the stats and have other more relaxing days off instead. Not everyone will agree.

Most likely the company will change the terms and conditinos. Employees wil have the choice of accepting the change (and certainly passivel not-complaint is accepted as evidence of accceptance) or not accepting them. At that point, the company has to decide if it will leave the objectors on the old contract or make them redundant - which is legal because the job has channged.

If the company does let some people stay on the old contract, then most likely they will never again get a pay rise unless the rate of inflation goes up do much that the current pay rate falls below the minimum wage.

Michael D Not Higgins

Mrs OBumble wrote: »

Linkies please ...

Changes to your contract of employment can occur due to a change in the law, but otherwise, changes must be agreed between your employer and yourself. Neither party can unilaterally decide to change the contract. This requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law.
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/change_job_contract.html


Acceptance
An acceptance is a final and unqualified expression of assent to the terms of an offer.
http://www.lawyer.ie/ten-step-law/creating-a-legally-enforceably-contract