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Probation after maternity leave

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  • 13-08-2022 10:40pm
    #1
    bec2021
    Registered Users Posts: 6 ✭


    Hi Everyone

    I have just returned to work after my maternity leave. While I was on maternity the business was sold and the staff were included in the sale. It is a small company with only 3 members of staff, before I left I was working full time for the past 7 years.

    When I contacted my new employer about my return to work I requested to go part time and reduce my days from 5 days to 3 days per week. As there was a change of days/hours worked he requested me to sign a new contract before my return to work. He stated I could not return to work without this being signed. So long story short I signed the contract.

    I am now on a probation period of 6 months, my question is - after this probation period what are my rights?

    He is over staffed as he never got rid of the staff to replace myself and a colleagues maternity leave and has made it quite clear we are the “outsiders”

    My worry is he will try to reduce our hours even further or simply make us redundant as there is no need for extra staff. Do I have any right to return to my full time contract from my previous employer or the right to remain on my 3day week?

    Very confused as to what he can do once the probation period ends and it’s review time as he seems to not care about the 7+ years experience with the previous employer

    Any advice would be appreciated, thanks



Comments

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    #2
    Strumms
    Registered Users Posts: 25,471 ✭✭✭✭Strumms


    I’d get some legal advice it sounds fishy.

    because your hours changed he wants a probationary period ? never heard the likes of it, I’d be surprised if it’s legal. It’s the same job / position just the hours will change.. hmmm



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    #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    TUPE legislation should have left your terms and conditions relatively untouched, is my (inexpert) understanding.


    how much pressure exactly were you put under to sign this new contract and under what specific threat? any records you have of these circumstances might well benefit you



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    #4
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,385 CMod ✭✭✭✭Pawwed Rig


    Agree with Strumms. Sounds odd and your terms and conditions of employment should have xferred over when the business was sold. I would get onto a solicitor for some friendly advice as I reckon you won't be passing your probation



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    #5
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    If my understanding of what you're saying is at all accurate its the kind of thing that NERA would be down on like a ton of bricks, keep that in your back pocket as an observation if you dont get satisfaction here



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    #6
    kaymin
    Registered Users Posts: 1,529 ✭✭✭kaymin


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



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    #7
    bec2021
    Registered Users Posts: 6 ✭bec2021


    @[Deleted User] thanks for your comment, we had a verbal conversation in which he said “you need to sign the contract before your return to work if no contract is signed I can only offer you your full time position back”

    i have a text message stating that “the forms must be signed & returned to HR before your proposed return date to implement your change of hours”

    previous to this he said to contact him regarding any queries/amendments which I queried a few issues ie the probation, change of pay from weekly to monthly. His response was “if you wish to make the changes offered there will be a probation period and pay will be monthly”

    so I signed feeling like he had me over a barrel as I had no childcare for full time available 😢



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    #8
    Augme
    Registered Users Posts: 5,982 ✭✭✭Augme


    Not sure why you think you'd be entitled to return to full time work whenever you feel like it. You requested part time work, you were granted this part-time work and signed a contract agreeing to it.


    I'm not quote sure what the issue here is, the fact it stated you've six months probabation to do?



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    #9
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Tupe legislation covers all this. No-one on here can give better advice. Google it.



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    #10
    AnRothar
    Registered Users Posts: 574 ✭✭✭AnRothar


    https://www.boards.ie/discussion/comment/119470342#Comment_119470342

    The OP specifically requested a change in their terms and conditions so TUPE does not apply.

     I requested to go part time and reduce my days from 5 days to 3 days per week. As there was a change of days/hours worked he requested me to sign a new contract before my return to work.



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    #11
    Jequ0n
    Registered Users Posts: 6,384 ✭✭✭Jequ0n


    Surely the probation period was mentioned in the new contract you signed?



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    #12
    anndub
    Registered Users Posts: 509 ✭✭✭anndub


    That sounds fishy. I reduced my week from 5 days to 4 days after maternity leave and also signed a new contract. Three contract contained items such as "the company reserves the right, subject to discussion with you, to reinstate a 5 day week if business needs require it and the company requires permission to contact you on day 5 of the working week if your knowledge of specific issues is required" etc etc. There was no new probation period though. I was returning to my previous role albeit for a day a week less. You need proper legal advice. You shouldn't be descriminated against based on your family circumstances either btw so bring treated like outsiders isn't acceptable



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    #13
    XsApollo
    Registered Users Posts: 2,463 ✭✭✭XsApollo


    It’s probably a probation period to see if you working 3 days is going to work out and your hours can be reviewed after 6 months if it isn’t?

    I don’t think they can get you to just sign away your service if that’s what you are worried about….. ie. Let you go within the 6 months without following the proper rules regarding that, your previous service will still stand.



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    #14
    jacfrosty
    Registered Users Posts: 15 ✭jacfrosty


    Why sign something without fully understanding the conditions?



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    #15
    Mrs OBumble
    Registered Users Posts: 25,977 ✭✭✭✭Mrs OBumble


    I agree that you're likely being shafted, and that this isn't the right thing for an employer to do. And that you need specialist legal advice.

    But did you existing contract have a clause letting you drop down to part time at will? If not, then what you're wanting to go back to is not your old job. So, possibly, technically / legally, the employer is correct in making you sign the new contract.

    I'm also not sure that once probation is over is such a flash-point. Your rights regarding redundancy are based on length of service overall, and probation doesn't change that - the new contract doesn't restart the clock AFAIK.

    Any employee, probation or not, can be put on shorter working hours in certain circumstances. And unless the new contract says you have the right to go full-time on request, that can only be by mutual agreement too.



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