Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal?

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MelF

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Hi, I'm hoping someone who knows about the labour laws might be of some help as I can't find anything on-line relating to this situation.

My sister-in-law has been working for a smallish (shops in two diff locations) family run company for the last eighteen months. She was made permanent a year ago but not 'officially' ie she never had a contract of employment as such.

Her boss learned of her pregnancy a few weeks ago and almost immediately cut her hours to two days a week from 6 days. Then yesterday she learned that he is cutting her to just one day - whatever day he chooses so she needs to be available for all of them.

He's told her its nothing to do with her pregnancy merely that he has to cut back because business is 'slow', yet on the same week of telling her this he advertised in the newspaper for new staff and has been interviewing prospective candidates right in front of her nose! :mad:

Think it is fairly obvious that he is being discriminatory because of her pregnancy. Does she have any rights at all in this regard? She is young (25) and the pay is just about minimum wage so she can't afford to get a solicitor involved and doesn't really know where to turn to find out her options. Also difficult for her to up and leave as she is due in three months time. Naturally this is v upsetting for her and seems v unfair and outrageous to me!

Is anyone aware of such a thing occuring? And due to the fact that she didn't have a contract does this mean she doesn't have a leg to stand on anyway?
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

That is disgraceful. I'm sure citizens information will have all details needed. I think if she has no contract the she is subject to employment law . I would contact the employment authority and anyone else you can think of. He should not get away with this she has enough on her plate without this.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

Is she signing on and getting Jobseekers Benefit for the days she is not working. In that case the Social Welfare will be in contact with employer to confirm the days she works. Social Welfare will then become aware (or should be made aware) that the employer is employing someone else to do her job.

She will then be informed by Social Welfare that she should be returning to her job and not obtaining Benefit
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

she can ring the Equality authority and they may actually take the case on her behalf, ie pay for it, if she explains her financial situation.

She can , of course, take the case herself also.
The company have breached the Employment Equality Acts and if she took an equality claim she could, if successful, be awarded for financial loss and for the act of discriminataion.

She can also take a claim for getting no caontract - she'll get 4 or 5 weeks.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

This link may help: [broken link removed]
Have a look at the section regarding zero-hours contracts.
I hope your friend has a copy of the newspaper ad, this guy has painted himself right into a corner! I hope she gets things worked out somewhat amicably though, as she doesn't need to be working in a hostile environment at the moment.

Also have a look at "zero hours" at the bottom of this link: http://indigo.ie/~kwood/legalterms.htm
 
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Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

Thanks, all v helpful info, especially the links.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

TreeTiger said:
Have a look at the section regarding zero-hours contracts.
I hope your friend has a copy of the newspaper ad, this guy has painted himself right into a corner!
Click to expand...
Agreed. It seems to be clear discrimination. The the facts are as presented then he's a very stupid man.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

While all the other sites quoted are useful, the primary one to which your sister-in-law should be directred as a matter of priority is the newly-established National Employment Rights Authority.

[broken link removed]

While she may not have a contract, her employer is obliged to give her one. That he has failed in this regard DOES NOT affect the extent to which an employee is protced by law.

This seems like a blatent example of discrimination which the owner isn't even smart enough to disguise.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

Yes, she did save copies of the newspaper ad/ads. She got upset upon hearing the news of being cut to one day, and mentioned the discrimination word to which he replied 'now you are being paranoid'. I'm worried that he is being so blatant because he knows he has himself covered somehow, surely employers are aware of current employment laws?
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

Has he changed the job description to make it a different role? I know some employers that have tried this trick - my colleague was made redundant after 7 years service because they said his role was for a UNIX system they were decommissioning. That looked good on paper, but in fact they had spent a couple of years retraining him for the new system and had decided to bring in a new (cheaper) employee in his stead (interviewing the new guy before the old one had been made redundant!). It was only his job title that was unsuitable.

He took them to court and they settled on a significant sum.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal


Don't think he could change the job description really as she is basically a shop assistant and he has been adverstising for shop assistants!
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

MelF said:
I'm worried that he is being so blatant because he knows he has himself covered somehow, surely employers are aware of current employment laws?
Click to expand...

If it's of any comfort, this guy seems completely unaware.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

Maybe bringing an example of an employment equality case such as will focus his attention - she also has grounds for constructive dismissal under unfair dismissals legislation.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal


Good advice here - The Equality Authority can intervene without taking a formal case which should sort out the shop owner. There are those on this board who complained about the mere existence of the EA!
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

Going through the Equality Authority is a good idea but it's likely to take some time to be resolved by which time the worker will have foregone considerable amounts of lost earnings and energy at a time when she has a baby to cope with. What the person seems to want in the short term is continued employment, not an acknowledgement of being wronged.

The cleanest solution might be to find out exactly how she's legally protected, advise the employer accordingly and hopefully, having had his cards appropriately marked, you can all move on.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

The Equality AUthority can get involved quite quickly, possibly by writing to the employer concerned, pointing out his legal obligations. Taking a case to the Equality Tribunal will indeed take years, but it may well be possible to sort things out before then.
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

Thanks for all the replies and recommendations but so much for the Equality Authority.......

I passed on all the links and the advice and she rang the Equality Authority on Fri morn. It turns out they were extremely unhelpful, the 'lady' she spoke with was very short and dismissive on the phone and told her that she'd be better off speaking to her solicitor. I rang them afterwards and was told the same thing, that they were 'bogged down with this sort of stuff'!! Must admit I was hopping hearing this, if that's the attitude it's no wonder employers are getting away with murder! And isn't it our taxpayers money that is funding this so called 'Authority'?

She's going to make an appointment with a solicitor this week, but to be honest it sounds like a very long road and hugely stressful. Cannot believe the Equality Authority basically washed their hands of it though, particularly when she has a strong case and all the necessary evidence, copies of newspaper ads and even photos of staff wanted signs in the shop window!
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

ClubMan said:
Maybe try

www.entemp.ie
www.employmentrights.ie

In particular the first link (DETE Employment Rights Section) have been very helpful in my experience in the past.
Click to expand...

I have found sending an e-mail to entemp.ie alot more rewarding that any telephone conversation and you also have their reply for future reference. Also has she considered contacting her local Citizens Advice, I know our local one has a solicitor/ barrister that holds weekly clinics and also a union representative who will give advice, and all for free....
 
Re: Sister-in-laws employer finds out she's pregnant and cuts her to two days - legal

That's terrible - I wonder if they would take a written/email complaint more seriously?
 
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