The WRC found that the employer failed to give the employee proper written notice of changes to her hours and breaks, breaching section 5 of the Terms of Employment (Information) Act 1994.

The Complainant said she had opposed changes to her hours and rest breaks at a staff meeting in January 2025 and then received an email the same day outlining “proposed adjustments” to daily teaching hours, lunch breaks and class timings. She stated no further written notice issued to her about those changes. She learned via a social media post in January 2025 that a new timetable would apply from March 2025. She maintained that the Respondent unilaterally changed her contractual particulars without giving her timely written notification of the nature and effective date of the change (as required by s.5 of the Terms of Employment (Information) Act 1994).

The Respondent said it had notified the Complainant in January 2025 by email of proposed adjustments to teaching hours, breaks and class timings. It argued there was active engagement with the recognised union in late February and early March 2025 around revised contracts and terms, culminating in a ballot (in which members rejected the proposals). The Respondent contended that the January email reasonably informed staff of the adjustments and that the subsequent consultation process addressed the broader contractual framework. In essence, the Respondent maintained it had communicated sufficiently and acted transparently in implementing the timetable and break adjustments.

The Adjudicating Officer held that s.5 of the 1994 Act concerns written notice of changes to particulars required in the statutory statement, including normal daily working hours and rest breaks. The January 2025 email spoke in terms of “proposed adjustments” and did not specify an effective date. A social media post did not satisfy the employer’s duty to notify the employee in writing of the nature and date of the change by the time it took effect. Nor did the later union consultation discharge that statutory obligation. As the changes were implemented in March 2025 without compliant written notice under s.5, the complaint was well-founded. Compensation of €728 (about one week’s pay) was ordered as just and equitable.

Employers should:                

• When altering any statutory particulars such as hours, breaks, place of work, etc., issue a targeted s.5 notice (in accordance with the Terms of Employment (Information) Act 1994) to each affected employee. It must be in writing, state the nature of the change and the date it takes effect. It should be delivered no later than the effective date. Do not rely on announcements, rotas, or general memos phrased as “proposals”. Convert proposals into a formal, dated notification once a decision is made. 
   
  
• Run the statutory notice in parallel with any collective consultation. Union engagement about wider contract changes is welcomed but it is not a substitute for s.5 compliance. Record receipt (e-signature or read-receipt) and store the notice with the employee’s terms file. 
   
  
• Adopt a compliance checklist. That is to identify which particulars are changing; draft the s.5 letter; include effective date(s); cross-check payroll, rosters and systems align on that date. Brief managers not to implement earlier. Where lead times are short, send an interim decision notice.

The full case can be found here.