digger Posted March 26, 2007 Report Share Posted March 26, 2007 Sorry for whining but yet again Im after some advice. My new boss announced in a meeting that I am on call 24/7 to our clients. This means I get calls from our out of hours admin girl and the operatives at weekends and in the evenings. I was never asked just told and I get nothing for doing it, end result is I can never switch off from work. I know the easy answer would be turn off my mobile but I feel obliged to keep it on to make the contract run smoothly. Going to pull him on it when I go to the office tomorrow, would like to back it up with some proof that if its not in my contract or I dont get paid Im not obliged to. Quote Link to comment Share on other sites More sharing options...
Conygree Posted March 26, 2007 Report Share Posted March 26, 2007 join a union :blink: Quote Link to comment Share on other sites More sharing options...
pin Posted March 26, 2007 Report Share Posted March 26, 2007 Mungler would be best placed to advise on the legal side of it but to me it sounds like something they can't just force you to do. I feel your pain, for the best part of 5 years I was on call 24/7 1 day in 3 and its a pain in the ****, like you say very hard to switch off from work. I wouldn't have thought they could do it with only you being on call every day, you need time off and the only real way that can work is with on call rota sharing.. Quote Link to comment Share on other sites More sharing options...
Dr W Posted March 26, 2007 Report Share Posted March 26, 2007 What does your contract say? Pretty sure they can't just implement a change like that without you agreeing and being financially compensated. I'll ask our HR guy what your rights are. Sorry he's away until 3rd April so can't find out till then. Quote Link to comment Share on other sites More sharing options...
Mungler Posted March 26, 2007 Report Share Posted March 26, 2007 Depends what the contract says - office bound contracts normally say something like hours of work are 9 to 5, Mon to Fri and such additional hours as required to fulfill the role. However, if you have worked there for some considerable time and this is the first time you have been asked to go on call then it sounds like there has been a change to your employment. Employers can't unilaterally seek to alter your terms and conditions of employment - the theory is you can ask for say a new job title and new money (to match your new job title and duties). However, and depending on the size and nature of the company you work for, management often just see this as "being awkward". It's something you will need to sort out in a touchy feely way. If this doesn't work then there are other options but you will need to see a brief and take your contract with you. In the meantime, check your household and motor insurance policies and make sure that you have "legal expenses insurance ticked". Most of these policies will cover employment disputes (provided they don't involve theft or fighting) - if you don't have the cover phone up your insurance broker and get it tacked on for about another £15 asap. Quote Link to comment Share on other sites More sharing options...
Dr W Posted March 26, 2007 Report Share Posted March 26, 2007 What line of work are you in? Quote Link to comment Share on other sites More sharing options...
pav Posted March 26, 2007 Report Share Posted March 26, 2007 Go over your contract in detail. If there is no mention of this in it then you do not have to accept to it. If you are made to feel awkward by refusing to then this is ground for harassment. If you think you can live with it then you should definitely ask for an increase in salary to compensate for the time/ stress you are going to have to put up with. Do not under any circumstances be forced into signing anything in front of your boss. Always take contracts home to consider and get legal advice if needs be. Quote Link to comment Share on other sites More sharing options...
DaveK Posted March 26, 2007 Report Share Posted March 26, 2007 Look up repudiation of contract and, depending on whether your employer gets shirty about it with the "my way or the highway" thing, maybe constructive dismissal Quote Link to comment Share on other sites More sharing options...
Mungler Posted March 26, 2007 Report Share Posted March 26, 2007 Look up repudiation of contract and, depending on whether your employer gets shirty about it with the "my way or the highway" thing, maybe constructive dismissal Don't wind him up until he has taken his contract to a brief. Quote Link to comment Share on other sites More sharing options...
Dr W Posted March 26, 2007 Report Share Posted March 26, 2007 Ok had a chat with our HR people and their view is that because you're not actually working during those hours you're just 'on call' there is no specific legislation to protect you. However she did say that it was totally unreasonable and the employer wouldn't have a leg to stand on if it went to a tribunal which you would be free to do if your boss didn't back down. The employer should have discussed with you and issued new contract and it is a mutual agreement you can't just say ok now you're on call 24/7. People who are on call are usually limited to a set period when they are available to be called say 7pm - 11pm but all this has to be agreed. If you work for a large company it is unlikely that your boss has consulted with HR and this should be your first port of call should you not get any joy from your chat with your boss. hope this helps and don't let him/het get away with it, as the boss is new they're probably just flexing their muscles to try and get things done and lower costs etc. Quote Link to comment Share on other sites More sharing options...
SNAKEBITE Posted March 26, 2007 Report Share Posted March 26, 2007 In certain situations at work I have rung ACAS for advice. You do not have to be part of a union, it can be done discreetly and the advice is free. Give the local office a ring and they will give you all the advice you need, or tell you where you can get it. Quote Link to comment Share on other sites More sharing options...
Andy W Posted March 26, 2007 Report Share Posted March 26, 2007 I had 20 years of 24/7 call outs but fortunately it was only between 1 week in 2 and 1 week in 4, still an absolute nightmare when trying to make plans at weekends and bank holidays etc, just on your way out with the family and the phone goes or worse still you are miles away from home for the day and you get a call, I have had it all. Quote Link to comment Share on other sites More sharing options...
Piebob Posted March 26, 2007 Report Share Posted March 26, 2007 Around 8 years ago, when I did on-call, the pot was £6K. So, if it was a rota of 3 people, each got 2K per annum extra. If we could do something over the phone that was unpaid, but if we had to go in to the office we got paid normal rates, or double for Sundays. Alway got a minimum of 3 hours if we had to go in. Might be worth proposing some kind of on-call bonus then a rate for being called? What happens if you can't take a call? What happens if you want to get leathered, go away for a weekend, etc? Gotta think about all that, even if the boss hasn't. Quote Link to comment Share on other sites More sharing options...
digger Posted March 26, 2007 Author Report Share Posted March 26, 2007 Many thanks for the replies guys. I am a supervisor for a maintenance company, most of the calls I take dont result in me attending the job but there are some that do ( probably 25 % ). It annoys the hell out of me the new boss assuming its ok with me and as I say, saying it in quite an important meeting in front of the client. Sadly I am the only supervisor on this contract whereas the others across London have two or three. He adopts a my way or the highway attitude and speaks management yuppie talk til the crows go to roost. Change of career may be on the cards which is a shame as I used to enjoy my job Quote Link to comment Share on other sites More sharing options...
stokie Posted March 26, 2007 Report Share Posted March 26, 2007 Put your phone on call divert and select your boss`s number. That will show him how many out of hours calls you take . Then its time for wage negotiations.. I`m on call too but get fixed fee when its my turn Quote Link to comment Share on other sites More sharing options...
Dr W Posted March 27, 2007 Report Share Posted March 27, 2007 He can't get away with this attitude, don't just leave, at least take him to a tribunal and get a shed load of cash from them. Quote Link to comment Share on other sites More sharing options...
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