Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. Firstly, you are entitled to a written notification of your terms and conditions of your employment. The Terms of Employment (Information) Acts 1994–2014 provide that an employer is obliged to provide an employee with a written statement of terms of employment within the first 2 months of the commencement of employment. So, if you have never received such a statement, you should request one now.
2. The statement of terms must include the following information:
3. Changes to the terms and conditions of employment must be agreed between your employer and yourself. The requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law. So here, your employer cannot change the hours and days of work without your consent. So, it is not correct to say there are no options.
4. An employer is leaving him/herself open to a successful claim if he imposes changes to a contractual entitlement unilaterally. It is worth noting that agreement can be express, implied, or by acquiescence. So, it is important that you don't do nothing and simply acquiesce in the changes. Make sure you indicate that you are not willing to go along with the changes to your working hours.
5. If your employer goes ahead and unilaterally seeks to force through the changes, you should see a solicitor as there are several different options open to you. Unilateral variation of an employee’s terms and conditions of employment to the employee’s detriment may give rise to:
1. A claim of constructive dismissal under the Unfair Dismissal Acts 1977-2007 or at common law;2. A claim for damages for breach of contract;3. A claim in respect of an unlawful deduction under the Payment of Wages Act 1991;4. A “trade dispute” under the Industrial Relations Acts 1946-2004,5. Industrial relations issues, and6. Injunctive proceedings to prevent the unilateral variation.
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