paul65 Posted March 12, 2008 Report Share Posted March 12, 2008 A couple of years ago my company introduced an on-call policy. New staff in my team are required to be on-call to support computer systems. Some of the existing staff signed up for this too but I didn't as I have a young family and I'm a computer programmer not a support specialist. I have come under increasing pressure to go on-call when the team has reduced in number due to my manager being slow to replace staff who have left. This year I've been marked down in my annual review because my 'refusal to support the on-call function has demotivated the team'. This is cack, the team is demotivated because the company is happy to run us at the bare minimum. Anyway, off the back of this I've been told that my manager is attempting to get my contract modified to include an on-call requirement. I won't sign-off or agree a contract change covering this. So, what happens then? What's my legal position? I take it the company can't sack me but if they want someone to meet the terms of the new contract, could they make me redundant and if so can they then employ someone else into the same role? Quote Link to comment Share on other sites More sharing options...
webber Posted March 12, 2008 Report Share Posted March 12, 2008 Paul My basic understanding is that they can present you with a modified contract. If you refuse to accept it and sign they can serve you with notice under the conditions of your existing contract. If you have not accepted and signed the new contract by the time your previous one has terminated you will be looking for a new job. That's assuming that you are not already! webber Quote Link to comment Share on other sites More sharing options...
starlight32 Posted March 12, 2008 Report Share Posted March 12, 2008 First thing I will ask you is are you a member of a union? If you are then they would be the best to advise. If you are not a member join straight away. My company changed staff contracts on a whim to withdraw paid overtime. This is not feasible in many jobs and particularly mine. So everyday I left off regardless of the position of the job after 8 hours. After a few weeks of trying the persuasive route to get me to work for free I stood my ground and eventually quit..... A week later I walked back into the same job,same desk and same office but this time as a freelancer on double the money paying half the tax. Companies will try anything to get the same deal for less money, you just have to stand your ground to ensure fair play. Regards starlight32 Quote Link to comment Share on other sites More sharing options...
Devilishdave Posted March 12, 2008 Report Share Posted March 12, 2008 They could make you redundant because your position is no longer required then employ some one to replace you who will also be on call because the job would be different. To be honest if one of the guys working for me was not willing to help take things forward I would mark them down one way or another. Would it be easier to be part of the solution or is it easier to continue to be part of the problem? Most businesses work to a budget and try to get as much as they can from as little as they can, it is called lean. Any company that does not do that is failing both their customers and their shareholders. I hope it all works out for you for the best. Dave Quote Link to comment Share on other sites More sharing options...
bob300w Posted March 12, 2008 Report Share Posted March 12, 2008 (edited) My understanding is that your employer can change your contract of employment, providing that he gives you one month's notice, whether you agree to the changes or not. If you are in agreement with changes, they can be made immediatly. If you don't agree to changes, you are between a rock and a hard place, as it is illegal to work without a contract of employment, it does not have to be a written contract. Employees have little or no rights any longer. Edited March 12, 2008 by bob300w Quote Link to comment Share on other sites More sharing options...
Mungler Posted March 12, 2008 Report Share Posted March 12, 2008 How long have you been employed there? Are you fully employed or under a renewable contract e.g. like a contractor? Quote Link to comment Share on other sites More sharing options...
paul65 Posted March 12, 2008 Author Report Share Posted March 12, 2008 Mungler, I've been employed for 8 years as a fulltime employee, ie not on a rolling contract. Devilishdave, nice comments. I'm part of the problem because I have a family and am unable to go out on call in the middle of the night? I spose I should let the company shaft me in anyway it sees fit or I'm not a team player. So where does that end? If my boss decides to change my job so that I have to clean the khazi and make his tea, is that acceptable? Quote Link to comment Share on other sites More sharing options...
Landy Posted March 12, 2008 Report Share Posted March 12, 2008 An employer must give 90 days notice to change a contract. Might suggest you ask for some incentive to change your contract, this would be seen as ‘in negotiations’ therefore you are not seen as being obstructive. While in negotiations, it would be unlikely (not impossible) that they would discharge you. Quote Link to comment Share on other sites More sharing options...
Spaniel Posted March 12, 2008 Report Share Posted March 12, 2008 Im almost frightened to ask you which company you work for, as im a Field Service Manager for an IT Company :blink: They could change the company T&Cs and if you do not agree you are basically giving them notice of employment. Companies do this because they have contractual agreements to deliver a 24x7 service, they require guys who are flexible. Relying on peoples good will to cover these hours is very hard work and in our company new employees agree to some sort of flexibility with weekend rotas etc within their T&Cs. Call out can be a pain but depends on how often it happens and what rota you are asked todo, i.e 1 in 4.... Before refusing find out what is involved..like you say you have a family to support, If you are going to look for another job, best todo it while still being employed and bringing in the money Quote Link to comment Share on other sites More sharing options...
Mungler Posted March 12, 2008 Report Share Posted March 12, 2008 They can seek a variation of your contract. If they give it to you and you do "nothing" then they will say that you have acquiesed into accepting the changes by continuing to turn upto work and get paid. If you refuse and make a point (e.g. in writing) to sign then see below. The normal gig is to ask for more money as a result of the changes they wish to implement. Yes I will go on the call scheme but I want £xk more a year. There is an element of negotiation and brinkmanship in this - see below. If you refuse you do run the risk of being made redundant, they will say that your role has evaporated as there has been a change in business needs and that they need to fill a position with telephone support. With redundancy, you will get f-all even for 8 years service - calculator >>here<< Roll with it and try and milk it, or it's looking like time for another job. Quote Link to comment Share on other sites More sharing options...
bob300w Posted March 12, 2008 Report Share Posted March 12, 2008 They can seek a variation of your contract. If they give it to you and you do "nothing" then they will say that you have acquiesed into accepting the changes by continuing to turn upto work and get paid. If you refuse and make a point (e.g. in writing) to sign then see below. The normal gig is to ask for more money as a result of the changes they wish to implement. Yes I will go on the call scheme but I want £xk more a year. There is an element of negotiation and brinkmanship in this - see below. If you refuse you do run the risk of being made redundant, they will say that your role has evaporated as there has been a change in business needs and that they need to fill a position with telephone support. With redundancy, you will get f-all even for 8 years service - calculator >>here<< Roll with it and try and milk it, or it's looking like time for another job. Well done Mungler, summed it up nicely, I've just been speaking to my son-in-law, he is a solicitor in employment law, you have virtually said word for word the same as him. Quote Link to comment Share on other sites More sharing options...
Poacher Posted March 12, 2008 Report Share Posted March 12, 2008 Well done Mungler, summed it up nicely, I've just been speaking to my son-in-law, he is a solicitor in employment law, you have virtually said word for word the same as him. He hasn't sent the bill yet :blink: Quote Link to comment Share on other sites More sharing options...
bob300w Posted March 12, 2008 Report Share Posted March 12, 2008 Well done Mungler, summed it up nicely, I've just been speaking to my son-in-law, he is a solicitor in employment law, you have virtually said word for word the same as him. He hasn't sent the bill yet :blink: Mungler wouldn't send me a bill, he's a good old Essex boy, son-in-law would, he's a scouser! Quote Link to comment Share on other sites More sharing options...
paul65 Posted March 12, 2008 Author Report Share Posted March 12, 2008 Thanks for the advice guys. I'd pretty much came to the conclusion that I've got no rights in this or any other circumstance where I'm in conflict with my employer anyway. An employer can tell you to do whatever they like and you can't do anything but go along with it or push off. Spaniel, I'm an analyst programmer for a major multi-national retailer, I won't name them. As a minor part of my job I provide 3rd line support during 9-5 hours for applications my team has built. Some of my team-mates signed up to do 2nd line support on-call on a voluntary basis covering other systems and that is now required of new programming staff. Our dedicated support team don't provide out of hours support and I find it bizarre that a team of programmers is required to provide this level of support 24x7. I've never encountered this in other companies with a sizable IT department such as ours. Quote Link to comment Share on other sites More sharing options...
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