Andrei's Story
A Galway worker faced with an impossible choice speaks up — and wins
Andrei worked for a transport company in Galway for nearly five years. He was reliable, got on well with his team, and had always worked day shifts. Then one Tuesday morning, his manager called him into the office. Without any warning or discussion, Andrei was told he was being moved to night shifts — permanent night shifts — effective immediately. There was no gradual transition, no mention of difficulties, no consultation about whether this was even possible for him. When Andrei asked why, he was given no real answer.
What had actually happened was darker than a simple shift change. Andrei had recently raised concerns with his manager about practices he believed were against the law — things that broke employment regulations and exposed the company to serious risk. He'd been polite but clear. Within days, the shift change happened. Andrei understood the message: fall in line, or be made uncomfortable enough to leave.
The night shifts were genuinely impossible for him. His family depended on him being available during the day for childcare and school runs. He tried to make it work for two weeks, but it wasn't just difficult — it felt like punishment for speaking up about illegal conduct. Andrei was being forced out, and everyone involved seemed to know it. He resigned, citing the sudden and unjustified shift change and the circumstances around it.
Andrei took his case to a solicitor. His claim was for constructive dismissal — the idea that his employer had made his position so intolerable that he had no real choice but to leave. The company had punished him for raising legitimate concerns and had done so without notice, consultation, or any attempt to work with him. The evidence was straightforward. After hearing the full picture, the tribunal agreed completely. Andrei's claim succeeded, and he received compensation for his unfair treatment.
What the Law Says
In Ireland, constructive dismissal happens when an employer acts in a way that breaches the essential terms of the employment contract — making the job genuinely impossible to continue. This can include sudden changes to fundamental working conditions (like shift patterns), especially when done without notice, consultation, or fair reason. An employee who resigns in response to such conduct may have a claim, provided they acted quickly and clearly stated the reason. Employers cannot punish or disadvantage workers for raising concerns about illegal conduct; doing so is unlawful under employment law.
Time Limits Matter
If you believe you've been constructively dismissed, you must resign and lodge a claim with the Workplace Relations Commission within six months of your resignation (or twelve months in some circumstances). Acting quickly is essential — waiting too long can mean losing your right to claim entirely. Keep records of all communications with your employer, especially any concerns you've raised and the changes that followed.