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Being refused to drop days

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  • 27-08-2014 12:47pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I am contracted to 2 days in my current job.

    Due to certain circumstances i have to drop one of the days as its during the week.

    I asked management 4 weeks ago to drop that day in particular. They said they would but they didnt.

    I went back into them about it and explained to them that i can not work during the week.

    i was then informed that i cant drop that day and that i cant change my availability because they might need me during the week.

    and just to say, i never actually signed a contract to work that certain day as my new contract was only for the other day.

    Can they do this?

    Is there anything i can do?


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    frustratedwithmanagement wrote: »
    I am contracted to 2 days in my current job.

    Due to certain circumstances i have to drop one of the days as its during the week.

    I asked management 4 weeks ago to drop that day in particular. They said they would but they didnt.

    I went back into them about it and explained to them that i can not work during the week.

    i was then informed that i cant drop that day and that i cant change my availability because they might need me during the week.

    and just to say, i never actually signed a contract to work that certain day as my new contract was only for the other day.

    Can they do this?

    Is there anything i can do?

    Effectively it is you telling them you can't work a day you normally would, why do you think they are required to accept this?


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    #3
    InReality
    Registered Users Posts: 1,374 ✭✭✭InReality


    Did you ask different people ?
    All you can do is ask the person who said yes first and try and get them to actually do it.


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    #4
    Get Real
    Registered Users Posts: 903 ✭✭✭Get Real


    davo10 wrote: »
    Effectively it is you telling them you can't work a day you normally would, why do you think they are required to accept this?

    Firstly, because the OP states that they weren't contracted to work this weekday.

    Secondly because when Op told their employer they can't work this day and need it off, the employer said ok. They're now going back on this.

    I'm on the fence on this one, but I think, particularly in relation to the second point, the OP has a case.

    That'd be equivalent of saying " I need Thursay the x of x month off" them approving it and when x of x comes round they're forced to work. The employer has reneged on a previous agreement.


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    #5
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Get Real wrote: »
    Firstly, because the OP states that they weren't contracted to work this weekday.

    Secondly because when Op told their employer they can't work this day and need it off, the employer said ok. They're now going back on this.

    I'm on the fence on this one, but I think, particularly in relation to the second point, the OP has a case.

    That'd be equivalent of saying " I need Thursay the x of x month off" them approving it and when x of x comes round they're forced to work. The employer has reneged on a previous agreement.

    The OP appears not to be contracted to work that day, but as he/he has been working that day, it can be taken as the established work day, it would be a different scenario if OP was working different days every week.

    Though this was agreed, it was never put in to effect. OP is not claiming to be unable to work due to illness/disability/family etc, merely that it no longer suits to work that particular day. I'm not sure what "case" you are referring to.


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    #6
    Get Real
    Registered Users Posts: 903 ✭✭✭Get Real


    davo10 wrote: »
    The OP appears not to be contracted to work that day, but as he/he has been working that day, it can be taken as the established work day, it would be a different scenario if OP was working different days every week.

    Though this was agreed, it was never put in to effect. OP is not claiming to be unable to work due to illness/disability/family etc, merely that it no longer suits to work that particular day. I'm not sure what "case" you are referring to.

    Oh, thats why I said I'm on the fence :o I don't know the full details of the OPs work situation, but what I was referring to was:
    frustratedwithmanagement wrote: »
    I asked management 4 weeks ago to drop that day in particular. They said they would

    It'd be different if OP went to ask to drop that day and they said no sorry. But they agreed to give OP the day off. They can't then go and put him/her back in without permission.

    If I was scheduled to work say, every Tuesday, and have been working every Tuesday since I started I could put in a request to have that day off:

    perhaps I have a christening/ wedding/ date/ night out to attend.
    If my employer says no, then fair enough, I must work the Tuesday. If my employer is nice enough/ uses discretion and says okay, and I go and book tickets/ make plans, I can't then be expected to work, they've already agreed to give me the day off.

    I understand that people can't just take days off/ ring in the day before unless its important (ie force majeure, compassionate leave etc) but this was agreed between both parties 4 weeks in advance.


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    #7
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Op here.

    I'm not asking for a particular day off. There's a contract there for the 2 days but I never signed it to validate it. I only signed it for one day a week.

    What I'm asking is to drop that day altogether as in not work it anymore. Only work the other day.

    In the staff book, it states you can drop a day as long as you have a minimum 5 hour shift to fall back on. And I match that.

    Basically its for family reasons I can't work during the week. My mum is very sick.

    I need to be there for her during the week. And I can't be if they don't let me drop this particular day and if they refuse to accept my permanent change in availability.



    I have spoken to both managers, both said yes at the start and now both are saying no.


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    #8
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    frustratedophere wrote: »
    Op here.

    I'm not asking for a particular day off. There's a contract there for the 2 days but I never signed it to validate it. I only signed it for one day a week.

    What I'm asking is to drop that day altogether as in not work it anymore. Only work the other day.

    In the staff book, it states you can drop a day as long as you have a minimum 5 hour shift to fall back on. And I match that.

    Basically its for family reasons I can't work during the week. My mum is very sick.

    I need to be there for her during the week. And I can't be if they don't let me drop this particular day and if they refuse to accept my permanent change in availability.



    I have spoken to both managers, both said yes at the start and now both are saying no.

    OP, you were given a contract with two days, you never signed it but have been working those two days as per the terms of the unsigned contract and you want to cut back to one day only? I really can't see how they are required to do anything for you, you are effectively breaking the terms of your contract by now only working 50% of your contracted hours. The change may have been agreed in theory but never put into effect. They may have to employ someone for that one day, so that would be two employees to work one day each, I can't see this working for them, it would be easier to employ someone else to do the two days.

    OP are you a subcontractor?


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    #9
    Ronin247
    Registered Users Posts: 1,256 ✭✭✭Ronin247


    I think the crux of the matter is do they admit to having said you could have that day off when you first approached them?


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    #10
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Ronin247 wrote: »
    I think the crux of the matter is do they admit to having said you could have that day off when you first approached them?

    I think the crux is that OP never signed the contract and the reduced days never came into effect.


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    #11
    Mrs OBumble
    Registered Users Posts: 25,968 ✭✭✭✭Mrs OBumble


    OP, did you actually sign a contract that says you only have to work one day per week, and that day is during the weekend?

    (I'd be very surprised at any company bothering to have someone on the books for that, but stranger things have happened.)

    As an alternative, would you be able to ask for an extended period of unpaid leave, and not work any days? They may be more agreeable to that, because it would let them hire someone else for X months.


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    #12
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    No im not a subcontractor, im a retail worker.


    Mrs O Bumble, the company i work for go by contracts, it guarantees you that you get your contracted hours and that you have a set day to work.

    They do not give extended periods of absence. You have to quit entirely.


    davo10....i think you are getting confused. I never signed the contract to work the second day. I only signed one to work the first day.


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    #13
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    frustratedwithmanagement wrote: »
    No im not a subcontractor, im a retail worker.


    Mrs O Bumble, the company i work for go by contracts, it guarantees you that you get your contracted hours and that you have a set day to work.

    They do not give extended periods of absence. You have to quit entirely.


    davo10....i think you are getting confused. I never signed the contract to work the second day. I only signed one to work the first day.

    But you say you're contracted to 2 days. What 2 days are you contracted for?


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