Hours cut in half after sick leave

swarmberg

Hi, I've been out on sick leave for the past two weeks. Usually I work around 30 hours per week and have done for the past few years. Now I get my roster for the next 3 weeks has me down at 17 hours per week. I feel like my employer is discriminating against me for been out on certified sick leave. my contract doesn't have a minimum number of hours. Seasonal staff have been giving more hours than me! Is there anything I can do about this? Feel like my employer wants me to leave.

skallywag

Can it be the case that the roster was put together at a time when you boss was not sure whether or not you would be back from sick leave or not for the time in question?

_Brian

If your contract doesn’t specify your hours there is little you can do.

Maybe ask is there a reason your getting so few hours.

Mrs OBumble

From this - https://www.staff-wanted.net/2019/03/employment-laws-ireland-zero-banded-hours-contracts-guaranteed-minimum-pay.html it looks like you can formally ask to have your contract changed to reflect the hours you have actually worked over the last 12 months. But it won't change things for 4 weeks, and there are some get-out clauses they can use.

tricky D

There is a concept called contract by practice. Contracts rarely get rewritten every time a role changes in the way Mrs OB says but rights do get conferred after a reasonable time.

Once upon a time I was leaving a company in a few months and they took the opportunity to restructure and brought in a supervisor role which I did not apply for but which assumed my duties, many of which were additional to what was in the initial contract as I had risen through the ranks. Management reduced my pay as a result but I did not notice until the next paycheck. Quick check with employment law friend and back into HR who completely agreed and my higher pay was reinstated.

OP document everything.

_Brian

Mrs OBumble wrote: »

From this - https://www.staff-wanted.net/2019/03/employment-laws-ireland-zero-banded-hours-contracts-guaranteed-minimum-pay.html it looks like you can formally ask to have your contract changed to reflect the hours you have actually worked over the last 12 months. But it won't change things for 4 weeks, and there are some get-out clauses they can use.

I got the impression that OP wasn’t on consistent hours “around 30”.

If the hours have been variable and it’s not stipulated in the contract it could be difficult.

Personally I’d try the “have a friendly chat” approach first and then if that doesn’t work consider pushing the issue. Going in all strong arm straight off might antagonise the situation further.

GalwayGrrrrrl

skallywag wrote: »

Can it be the case that the roster was put together at a time when you boss was not sure whether or not you would be back from sick leave or not for the time in question?

I think this is the case. I dont think there is anything sinister going on. If I was a manager doing up a rota and had someone on two weeks sick leave I’d be thinking they might be sick again for next few weeks so I’d rota them for less hours. That way if they were still sick there are less hours to cover at short notice. Now that you are back to work you’ll hopefully get more hours, maybe even a few extra if someone else goes sick during this cold/flu season. Let your manager know you are feeling better and would like more hours going forward.