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Being made to take up a new contract but I don't want it

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  • 18-05-2019 1:04pm
    #1
    Registered Users Posts: 1,823 ✭✭✭


    I was just wondering does anyone know where do I stand on this issue.

    My job is making some changes to my role. My department is being expanded and we are going to have to work weekends, bank holidays and earlier and later hours each day.

    I have spent many years working in retail doing unsociable hours and one of the reasons I took up this job was to get away from all that. I also made the mistake of signing a contract in that job that put me on worse hours than others so I don't want to make that mistake again.

    People are telling me if I refuse to sign the new contract they have to offer me a redundancy package. Is that true? To be honest I was thinking of leaving the job soon anyway so tat would be a nice little bonus. Can my job force me to sign the new contract or give me the boot if I don't? Our company doesn't have a union

    Any help much appreciated!


Comments

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


    https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/change_job_contract.html

    Important bit:

    What if I do not agree to the change?

    If you do not agree and say you wish to continue working as before, your employer may decide to make you redundant. They must prove there is a genuine need for redundancy and that they have followed fair procedures. Otherwise, you may qualify to bring a claim for unfair dismissal.

    If your employer insists on reducing your working hours or pay, you may consider that you have no choice but to leave your job and claim unfair dismissal. This type of dismissal, where the decision to leave is yours but the employer’s actions have forced you to make that decision, is known as constructive dismissal. It can be difficult to prove the case for constructive dismissal, so you should first seek detailed legal advice.


  • Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Do you have over 2 years service to qualify for redundancy payments?


  • Registered Users Posts: 1,823 ✭✭✭Horsefumbler


    Do you have over 2 years service to qualify for redundancy payments?
    Yes about 3.5 years


  • Registered Users Posts: 1,576 ✭✭✭Glass fused light


    If you dont object and continue to work there after the new contract comes into effect you are accepting it by your action.

    If you are sure that you would be happy to change jobs, I would suggest that you write a letter 1) refusing the contracted new hours due to family commitments but 2) confirming that you are happy to continue to honour your current contract.

    This puts them on formal notice that they need to make a decision in regards to either keeping you on the old contract or letting you go.


  • Moderators, Business & Finance Moderators Posts: 10,305 Mod ✭✭✭✭Jim2007


    This puts them on formal notice that they need to make a decision in regards to either keeping you on the old contract or letting you go.

    And in the really world they will simply manage you out.


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  • Registered Users Posts: 5,324 ✭✭✭JustAThought


    Jim2007 wrote: »
    And in the really world they will simply manage you out.

    Or make someone else do the hours. Too many court cases inthe media for unfair dismissal- better for them not toforce you. Put it in writing, do not do any non old contract unsocual hours & stay firm - but be looking for a new job


  • Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Jim2007 wrote: »
    And in the really world they will simply manage you out.

    In a reorg in a well managed company they cost in the redundancy. it's cheaper to pay off the one or two who don't want to do the extra hours than go through the hassle of unfair dismissal. Plus as the new contract was rejected on a protected class grounds they will end up spending the either way.


  • Registered Users Posts: 1,623 ✭✭✭rock22


    ..
    My job is making some changes to my role. ..

    Our company doesn't have a union

    Any help much appreciated!

    No company has a union, workers join a union. If other colleagues feel the same as you do then it might be a good idea to join a union.


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