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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I currently work in an Irish Hotel and have done so for just

Customer Question

I currently work in an Irish Hotel and have done so for just close to six years on a full time basis. I'm employed as a senior bar tender and just recently it has been said to me that there will be introduction of split shifts to which I will have no choice but to work them. Up to this point I have never once before been asked or told to work a split shift and I was wondering is this legal.
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. I regret to say that the introduction of split shifts is perfectly legal as it does not give rise to a redundancy situation. Whilst all changes in working hours must be agreed between employer and employee, with a complaint to a Rights Commissioner possible if there is a unilateral imposition of alternative working hours, the key issue where there is a change in working hours is whether the employee will be entitled to redundancy if s/he refuses to work these different hours. In a job such as bartending where there is generally an economic necessity to a change in working hours, the cases have shown that it is not a redundancy situation if hours are changed provided the employee has the opportunity to earn a similar amount as previously. However, I would suggest to the employer as part of a union or group negotiation that an increase in remuneration occur due to the better economic availability of staff. Under the Dublin negotiated agreement for bar staff, bartenders working split shifts earn a slightly higher rate in return for the increased availability. But I would not suggest that you refuse to work the new split shift hours.

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