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One for the legal buffs please....


roy8762
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Would have thought so as that time is yours and they're not paying you for it. Maybe different for salaried workers to workers paid a wage though. Ever thought of just not answering the phone? The blackberry supplied to me for work purposes can be set to turn its self on and off at certain times, I start at 8am so it comes on at 7:59am and I finish at 5pm so it switches off at 5:01pm. Are you a member of a union? Ring them they'd be more than happy to advise and provide legal backing too if needs arise.

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Not that I know of.

Assuming it’s not harassment, bullying or something like that.

 

In my line of work I’m not on call.

However, the boss has all our numbers and if something goes wrong out of hours she calls the team one at a time until someone answers and is able to fix it.

We don’t get paid for it, but on the other hand we do get very flexible working hours so it’s just a quid pro quo thing.

 

If you’re a “professional” I’d expect out of hours phonecalls to just be part of the job.

If you’re a “non-professional” then perhaps not – except maybe to offer some overtime or extra shifts.

 

I’d also suggest there’s a big grey area between those two sentences depending on the company, the management and so forth.

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It depends on your job I suppose. I have always taken calls and e-mails\texts at most times that are deemed reasonable. I certainly wouldn't take one at 2 AM let's say, but if an e-mail needed answering at 8 PM then I would have no problem in that. I think it depends on you and your role. Some people are 9-to-5, some people are more flexible. No right or wrong it's your call.

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It depends on your job I suppose. I have always taken calls and e-mails\texts at most times that are deemed reasonable. I certainly wouldn't take one at 2 AM let's say, but if an e-mail needed answering at 8 PM then I would have no problem in that. I think it depends on you and your role. Some people are 9-to-5, some people are more flexible. No right or wrong it's your call.

 

yup and the only way to look at it from an employers point of view is the ones who aren't flexible and working for the company are the first out of the door if you need to reduce staff levels. Obviously this is within reason the occasional call or text asking a query so as not to disturb is one thing if its all the time then its not on.

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Depends on what is in your contract terms and conditions and what the calls are. If it is the odd call now and then asking an odd question or if you wanted to do some last minute overtime you would not have a leg to stand on. However if it is several calls every day asking lots of questions then that would be a different matter and verging on harrasment.

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As above, this all depends on the context and it's always better to talk first.

 

Is there an existing expectation that you are available to some extent after normal work hours,

Is this an expected part of the job.

Has this suddenly started to happen.

Is everybody getting the same or just you.

Is there a current work problem / crisis that needs to be handled.

 

And so on.

 

From your OP it sounds like you're concerned. If you are going to follow it up then facts always help. What you might consider unreasonable others may consider the norm. So start a log of calls and texts - just time and date to give an idea of the frequency - that way you have some hard facts should they be needed.

Also consider discussing the situation with your Ops manager and see what they expect or consider the norm, or indeed why it has started.

Without knowing the details it could also be you are being contacted as the one they trust or value most. If that's the case then they should let you know too.

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What exactly is he contacting you about? Discussing what you've done today? Discussing what your doing tomorrow? Asking where you left a toolbox?

 

Can't you just speak to him and tell him that, while others at the firm may be OK with it, you do not want to be bothered about trivial matters out of working hours?

I'm sure telling him that you don't want your personal life impacted by things that can wait until your working again should be enough, start by talking to him!

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What would I do if I was in that situation.

 

I’d speak to my co-workers and see if they didn’t like it.

It might be the case I was the only one with a problem in which case I’d shut up and look for a new job.

 

If everyone disliked it then I’d send a mail to everyone including the boss suggesting we try and arrange some sort of rota for out of hours call out so we’re not all getting inconvenienced.

 

Perhaps make it sound like you’re helping the boss.

“It must be difficult for him to keep getting bothered out of work hours and having to contact you.

If there was a rota in place then the boss wouldn’t need to get interrupted either.”

 

Basically, if it’s a problem get it out in the open.

Start discussing it, look for solutions as a team.

If you confront the boss then it becomes a fight, if you try and help him find a solution then it’s a team effort and you’re all working together.

 

If he doesn’t know how to manage you, then you need to manage him. ;)

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Im no bar room lawyer, but as you have raised this issue then it is really bugging you.......my advice is keep a written diary and log all the times of calls and reasons...cause the way it might pan out is you will face off your boss about it and, you will lose !, sure as eggs is eggs, you will be down the road on some obscure reason, cause they will find someone else to take the flack.

 

then at least you have some evidence and motive as to your dismisal, which you can take to your union or a lawyer.

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My thoughts were as above. If he cannot manage his staff in working hours then perhaps it is he who has the problem. In any event constant out of hours contact is at best inconsiderate.

Communication is the answer here.

It has all the hallmarks of someone not fully coping with their position and disrespecting employees right to their private lives.

Open discussion and practical suggestions to avoid the need for out of hours contact seem the way forward.

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If everyone disliked it then I’d send a mail to everyone including the boss suggesting we try and arrange some sort of rota for out of hours call out so we’re not all getting inconvenienced.

 

 

 

Yeah then watch the support of your colleagues disappear when the matter is brought up. Many staff are brave when it is all words and behind the bosses back.

 

I text and email my staff out of hours. I don't expect an immediate answer, I just like to deal with things as and when I think of them.

 

If you don't like being contacted and it is a company phone you should buy one for personal calls and not answer the work one out of hours. Our work phones have very high call and text allowances so I guess that having a "free" phone for all calls (including personal) outweighs the occasional out of hours work calls.

 

Despite what you will be told by many of the shop steward types on here, I think you will go further being flexible than causing trouble over something so trivial.

Edited by ME
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