Ask a solicitor: My job is changing – and I'm worried what is coming

A genuine redundancy must be based on the role being eliminated, not the person, writes rural solicitor Karen Walsh

Your employer cannot make substantial changes to your terms of employment without your agreement. While day-to-day adjustments do happen in workplaces, significant changes to hours, duties or rosters must be discussed with you first.

Dear Karen, 

I have worked for the same agri-business company for almost 12 years. Over the past few months, my role has changed a lot without any discussion. 

My duties have increased, my roster has been altered at short notice, and my manager has hinted that my position “may not be needed” going forward. I have never had any disciplinary issues, and my performance reviews have always been good.

I am anxious that they are trying to push me out, and I am unsure what my rights are if they change my contract, reduce my hours or try to dismiss me. What steps should I take to protect myself?

Dear Reader,

Thank you for getting in touch. Sudden changes at work can be worrying, especially where long service and a clean record are involved. Irish employment law sets out very clear protections for employees in your position.

Your employer cannot make substantial changes to your terms of employment without your agreement. While day-to-day adjustments do happen in workplaces, significant changes to hours, duties or rosters must be discussed with you first. If the employer imposes major changes without consultation, this may amount to a breach of contract or, in some cases, constructive dismissal.

If your manager is suggesting your role “may not be needed”, the company must follow a fair procedure. Redundancy cannot be used as a disguise for performance concerns or an attempt to remove one employee. A genuine redundancy must be based on the role being eliminated, not the person. There must be objective business reasons, consultation with you, and consideration of alternative roles where possible.

Irish law requires every employer to apply proper procedures before dismissing an employee. This includes written notice of the issues, an opportunity for you to respond, a right to representation at meetings and a reasoned decision. 

After 12 years of continuous service, you have strong protection under the Unfair Dismissals Acts. A dismissal will be unlawful unless the employer can show substantial grounds and fair process.

Your hours and pay cannot be reduced without your agreement. If your employer attempts to change your roster significantly or cut your hours, you should request written confirmation of the reasons and set out your position in writing. Any major alteration without consent may give rise to a claim.

It is important to keep written notes of any conversations, roster changes, e-mails or comments made by management. Clear records make it easier to challenge any unfair treatment later, should that become necessary.

Before taking further steps, you could make a written request for a meeting to clarify your role, duties and hours. This shows you are acting reasonably and gives the employer an opportunity to correct matters.

If the situation continues or your employer attempts to dismiss you unfairly, you may bring a complaint to the Workplace Relations Commission. The WRC can award compensation or direct reinstatement where unfair dismissal or breach of employment rights is established.

Given the length of your service and the changes being suggested, it is sensible to obtain advice as early as possible. This will help you protect your position and respond appropriately to any further developments.