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Change to contract working hours after signing contract

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  • 20-07-2018 6:48pm
    #1
    Registered Users Posts: 59 ✭✭


    Hey. So I recently started in a new role which the hours are Monday to Saturday, 9-5 (rostered 5 days over 6). This was stated in the job advertisement, explicitly stated at interview stage that I would never work a bank holiday or Sunday and most importantly, written in my signed contract.

    I signed said contract at 10am on my first day. At 1pm that sane day I was informed that we will in fact be opening Sundays and Mondays of bank holiday weekends. I appreciate that this may not be a major issue for many, but I probably wouldn't have applied for the role if I had known this due to other commitments and just a dislike for working these days having done so in other roles for years.

    I raised this issue with management this week who stayed that they had never seen my contract and hadnt realised that my working hours had been written as such but in the same breath stated 'we will be opening bank holidays though.' I asked for further clarification on this due to the fact it hadn't been made clear and it isn't in my contract. I was informed the next day that Sundays and Mondays of bank holiday weekends will be voluntary and I will have to offer to do these shifts as I am not contractually obliged. Should I say no, higher management and in some cases the deputy director will have to cover my shifts. This seems pretty heavy handed given the fact that I am on 1 years probation. It also feels as though they've realised their mistake but passed the problem back to me.

    I'm just looking for guidance on this really. I feel like I have been misled and sold a job that doesn't really match it's description. I understand that because it's not in my contract there isn't a whole lot the can do but I really think it is expected that I will go along with this. How well am I in my rights to take a hard stance on this and how in the wrong are they? Any advice on how best to handle this is greatly appreciated.

    Thanks a million


Comments

  • Registered Users Posts: 10,636 ✭✭✭✭28064212


    You're well within your rights to take a hard stance. They're well within their rights to let you go while you're on probation.

    Put it this way: if the job had been advertised correctly in the first place, would you have even applied? If the answer is no, then you have nothing to lose by taking a hard stance. They'll either accept it, it which case you get what you want, or they'll let you go, in which case you're no worse off than you were before

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  • Registered Users Posts: 59 ✭✭pennydreadful


    28064212 wrote: »
    You're well within your rights to take a hard stance. They're well within their rights to let you go while you're on probation.

    Put it this way: if the job had been advertised correctly in the first place, would you have even applied? If the answer is no, then you have nothing to lose by taking a hard stance. They'll either accept it, it which case you get what you want, or they'll let you go, in which case you're no worse off than you were before

    Yes I understand what you mean about the probation, obviously they wouldn't need a specific reason in that case. Unfortunately this is a great job otherwise. I really love it and I'd let a lot of things go for it but this is just one of those personal bug bears that I really don't want to concede on. Thanks for the advice!


  • Registered Users Posts: 1,799 ✭✭✭Diceicle


    Yes I understand what you mean about the probation, obviously they wouldn't need a specific reason in that case. Unfortunately this is a great job otherwise. I really love it and I'd let a lot of things go for it but this is just one of those personal bug bears that I really don't want to concede on. Thanks for the advice!

    Being new in and butting heads with management will likely lead to getting canned before the 12 month mark or staying on and going nowhere as you're the 'awkward one'


  • Registered Users Posts: 59 ✭✭pennydreadful


    Diceicle wrote: »
    Being new in and butting heads with management will likely lead to getting canned before the 12 month mark or staying on and going nowhere as you're the 'awkward one'

    Yes I definitely agree and it's something I absolutely want to avoid but I supposed it's just incredibly disappointing to have been told something and signed a contract to find it just isn't going to be the case. I agree with you though, I'm pretty much stuck with it


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    You could just volunteer on an occasional basis making clear it's helping them out and on a when you can rather than a when they need basis.


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  • Registered Users Posts: 4,310 ✭✭✭Pkiernan


    Do it until youre permanent then revert to the terms of your contract?


  • Registered Users Posts: 1,704 ✭✭✭dennyk


    Pkiernan wrote: »
    Do it until youre permanent then revert to the terms of your contract?

    This seems the best approach. Kindly "volunteer" to pick up some Sunday and bank holiday shifts for the first year. Once you're permanent, well, it seems you've now got some personal conflicts on those days and can't volunteer for those extra days outside the terms of your contract anymore. Just don't expect to be picking up any promotions or bonuses at this place, and assume that you're going to be at the top of their list should redundancies come around (and make damn sure you never show up late or leave early and you always do your actual work perfectly at all times, as they may be watching you very carefully looking for an excuse to PIP you and then turf you out for "performance reasons"...).


  • Registered Users Posts: 3,733 ✭✭✭OMM 0000


    You could just volunteer on an occasional basis making clear it's helping them out and on a when you can rather than a when they need basis.

    I feel like this is probably the best compromise.

    As you say, "this is a great job otherwise", so a little bit of flexibility seems like a reasonable solution.

    I totally understand your frustration though.


  • Registered Users Posts: 11,788 ✭✭✭✭BattleCorp


    If you are volunteering to work any Sundays or Bank Holidays, I'd make sure that there was proof that you are volunteering and not accepting this as custom and practice.


  • Registered Users Posts: 59 ✭✭pennydreadful


    BattleCorp wrote: »
    If you are volunteering to work any Sundays or Bank Holidays, I'd make sure that there was proof that you are volunteering and not accepting this as custom and practice.

    That's a very good point, I'll make sure I do that.

    Just found out today that while I had originally been told I would receive double pay for Sundays and bank holidays, it turns out now I won't be and I'll get a day in lieu instead. Goal posts keep moving:/ I'll be incurring a cost (as my regular transport doesn't run on these days) and essentially working to get more time off that I don't want!


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  • Registered Users Posts: 1,704 ✭✭✭dennyk


    If the double pay is in your contract (without the day off in lieu option), I'd push back on that. If you're just going by the statutory requirements, unfortunately giving a day off in lieu is a legal alternative to paying out an extra day's wage for the holiday directly.


  • Registered Users Posts: 59 ✭✭pennydreadful


    dennyk wrote: »
    If the double pay is in your contract (without the day off in lieu option), I'd push back on that. If you're just going by the statutory requirements, unfortunately giving a day off in lieu is a legal alternative to paying out an extra day's wage for the holiday directly.

    Neither is in the contract, my contract states that my hours are Monday to Saturday and makes no provision for overtime. I see your point though, they are not obliged to pay me but I'm just a bit put out that things keep changing without anyone even thinking to include me in a discussion. These new developments that impact me more than anyone else working there are just presented as a done deal which I accept is their right as my employers but it's just crap


  • Registered Users Posts: 324 ✭✭kurtainsider


    Pennydreadful
    Sorry to break it to you but you've just taken a job with a bunch of cowboys. Contracts and agreements mean nothing to them. You'll have to proceed as you think best but just be under no illusions about the type of people you are teaming up with.


  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,498 Mod ✭✭✭✭byhookorbycrook


    The govt did this to the entire public and civil service via Croke Park and Haddington Road hours.


  • Registered Users Posts: 324 ✭✭kurtainsider


    The govt did this to the entire public and civil service via Croke Park and Haddington Road hours.

    Not quiet but I see where you're coming from.


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