Up to 1,000 Dunnes Stores workers submit banded hours requests
Dunnes Stores workers didn’t waste any time in exercising their new rights under the Employment (Miscellaneous Provisions) Act, 2018 (the Act). Up to 1,000 Dunnes Stores workers submitted written requests seeking to be put on banded hours contracts in the first week the new legislation came into force. The retailer has four weeks to confirm its response to the employees’ requests.
Dunnes Stores strike the catalyst for legislative change
Dunnes Stores workers were instrumental in the passing of the Act. In April 2015, more than 6,000 Dunnes Stores workers took industrial action to seek security over their incomes. The workers’ demonstration was largely in protest against the retailer’s practice of issuing 15-hour contracts when most employees’ average hours of work were closer to 26. The strike gained widespread national attention and led to the commissioning an academic study by the University of Limerick into the prevalence of zero hour contracts.
If and when contracts
The University of Limerick research ultimately concluded that while zero hour contracts are not prevalent, ‘if and when’ contracts such as those favoured by Dunnes Stores were causing problems for employees in various sectors. The Dunnes Stores strike put the issue on the legislative agenda and following the examination of a number of draft proposals, the Act made its way through the Dáil and Seanad before coming into force on 4th March 2019.
Banded hours requests under the Act
The Act introduces a number of new pro-employee rights. The Dunnes Stores workers have been quick to act in exercising their new right to be placed in a band of hours that accurately reflects the hours they habitually work over a 12-month reference period as against their contractual hours.
Employer obligation to reply to requests
Provided the Dunnes Stores workers are in a position to demonstrate that their average weekly hours over the previous 12 months of employment fall into a particular band (Band F, 26 hours to 31 hours for instance), they will be guaranteed payment for the minimum number of hours in that band of hours. The Mandate trade union oversaw the delivery of the first tranche of claims which were lodged on Friday 8th March. Under the terms of the Act, Dunnes Stores will be required to provide a reply to each request within four weeks or no later than 5th April.
SME compliance with the Act
The Act affects all employers across Ireland. Since 4th March, all employers are required to provide a written statement of five core terms within five days of employment commencing. Zero-hour contracts have been prohibited save in certain limited circumstances and a new minimum payment of three times the national minimum wage has been introduced if employees are not called in for work on a certain week.
Lean on Peninsula’s expertise
All these changes represent a significant challenge for SME’s, particularly those without HR expertise. The new employment law regime should not be underestimated as the Act sets out stiff financial penalties and even imprisonment for employers who fail to comply with their new statutory obligations.
Record hours with Blip by BrightHR
Blip is a free clocking in and out app that helps you see who’s in, who’s off, and who’s on a break at the tap of a button. Plus, it keeps a full record of your staff’s work hours per day—so you can comply with the rules of the Act. And the best part? Your staff record their attendance themselves, meaning you don’t have to do it. Learn more about Blip today. If you are unsure how the Act affects your business, call 0818 923 923 to speak with an employment law expert today or if you would like one of our advisors to call you back, fill in your details here.
