Michal Badowicz

Bus Eireann

Employer failed to confirm changes to terms and conditions of employment and employee was awarded €1,500 compensation.

The Complainant asserted that he had not been notified in writing of changes to his terms of employment. He submitted that there had been a lack of clarity and adherence to his agreed terms, particularly concerning his work as an Acting Supervisor. He claimed that issues arose around rostering, the allocation of shifts, the practice of double rotation for secondments, and his exclusion from certain secondments altogether. He further alleged that changes to his work arrangements were made without providing the required written notice, resulting in uncertainty and inconsistency in the terms under which he was employed.

The Respondent stated that the Complainant had been a permanent Bus Driver since June 2020 and began carrying out Acting Supervisor duties in August 2023. His substantive role remained that of Bus Driver, and he only performed Acting Supervisor duties as required. In those circumstances, the Respondent did not consider it necessary to issue a revised contract. The conditions for Acting Supervisors had been clearly outlined during the recruitment process, confirmed in correspondence, and set out in the role profile and agreements between the parties. The Respondent further asserted that all rostering was conducted in line with existing agreements and long-standing custom and practice.

The Adjudicating Officer found that under s.5 of the Terms of Employment (Information) Act 1994, an employer must notify an employee in writing of any changes to their terms of employment. In this case, no changes were made to the Complainant’s original [Bus Driver] contract that would have required formal written notification. The Complainant continued in his Bus Driver role and performed Acting Supervisor duties as needed. Although the Complainant received an Acting Supervisors Terms and Conditions document and some further information verbally or in writing, the Adjudicator concluded that, to comply fully with the Act, the Complainant should have been issued a formal written statement setting out the terms of the new duties. He was awarded €1,500 compensation for the breach and the Adjudicator ordered the Respondent to issue Terms of Employment for the role of Acting Supervisor.

• Employers should issue a written statement any time there is a material change to an employee’s terms and conditions of employment. This obligation arises under the Terms of Employment (Information) Act 1994 and is not optional. It applies even where employees retain their original job title but take on additional duties, such as acting, temporary, or secondment roles. It is not enough to rely on informal understandings, verbal briefings, or historical custom and practice.
  
  
• Failure to provide updated written terms can expose employers to unnecessary legal risk, including claims for breach of statutory duty, reputational harm, and compensation awards. Even where the employee accepts the new duties without complaint, the employer must act to document the changes formally. A simple written update (i.e. setting out the nature of the new duties, responsibilities, reporting lines, and remuneration) will satisfy the requirement.
  
  
• It is best practice to treat any role change or additional duty as an occasion to review and issue a clear written variation. This ensures legal compliance, manages expectations, and protects the organisation against later disputes or challenges.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2025/march/adj-00054048.html