Flexitime v TIL

Lemonee_

Hello,

A quick query about a recent change to my employment unrelated to my contract.

For the last 6 years I have earned and received TIL for addintional hours worked. My employer has suddenly decided to change to a flexi system, which is very very restrictive. There was no consultation and the change came into effect with no notice.

This will have a massive impact on me and my role. I simply want to remain on the TIL sytem, like other employees.

Is this allowed? I would appreciate any assistance!

Flinty997

Good luck fighting it.

https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/contracts-of-employment/change-job-contract/#:~:text=Changes%20introduced%20by%20agreement,which%20the%20change%20takes%20effect.

Ted222

https://www.boards.ie/discussion/2058328195/flexitime-v-til

It’s not allowed in Ireland.

Your employer is not allowed to unilaterally make changes to the terms and conditions of your employment without your consent. It doesn’t matter whether it’s given any particular expression in your contract. After 6 years, it’s become custom and practice.

Your first step should be to politely but assertively point out that the change sought can’t be applied without agreement.

If that doesn’t work, submit a complaint under the company’s grievance policy. If this doesn’t produce a swift response, consider making a no-cost complaint to the WRC.

Its effectively a withholding of pay. The law is on your side in this case.

Lemonee_

Thank you for taking the time to respond. I have been reading about the custom and practice and it is very useful.

I have met with HR, and raised my specifc concerns about the changes. It wasn't a very useful meeting from my perspective but we'll see! Depending on their response which is due shortly, I will look into the formal grievance and go from there.

Thanks again, it is very frustrating as I love my job and this really shows we are just a number!

Prospectors

What is the difference between TIL and flexitime?

I have worked with TIL but never flexitime. I had assumed they were practically the same thing.

Lemonee_

https://www.boards.ie/discussion/comment/121540248#Comment_121540248

For me there is a signifcant difference between the flexi and TIL policies.

With TIL you work the additional hours as required and have 4 months to take this time back. You can hold a maximum of 40 hours at any time which encourages us to take the time back.

With Flexitime you can work a maximum additional 7 hours a month, can only carry 7 hours over to the next month, but you also have to wait until the next month to take a full or half days time back.

The TIL policy is more flexible, for example when I travel (a few times a month) I can do an additional six or seven hours in one day. HR didn't consult with anyone, and acted surprised when there was concerns raised.

Prospectors

OK, thanks. That is a big difference in fairness.

Ted222

Just be aware that you have a maximum of 6 months from the occurrence of the issue within which to make a complaint to the WRC. That is, 6 months from the date on which you were informed of the change in practice.

You don’t have to await the conclusion of negotiations with HR and/or the grievance procedure, especially if to do so would bring you past the 6 month deadline.

caviardreams

https://www.boards.ie/discussion/comment/121540438#Comment_121540438

it is and it isn't. HR will argue that it doesn't result in any less pay or any more hours for the worker. Just that the time needs to bused up more regularly and can't build up as much. I am surprised the employer allowed a full week of TIL to be accrued tbh - depending on the business it can lead to operational challenges to have large leave balances accrued and outstanding

Ted222

Be that as it may, it’s a change to the established terms and conditions and should only have been amended with agreement