Employment Law - Saxperience

spiderpig · 11th April 2008, 17:39

Perhaps someone can assist..

Work want to open a 24 hour support desk..All the engineers initially agreed to this as the way it had originally been put forward would of guaranteed a sizeable lump sum which would be paid yearly and would be added to as more clients used this service. (nothing was signed)

This has been amended now to not give a lump sum initially and potentially not give anything extra apart from being paid for the calls. (nothing has been signed)

It's not in anyones contract to do 24 hour support...

Anyone who doesnt like the way the new system works has a meeting on tuesday where apparently we will be told anyone who doesnt like it will be leaving.

Where do I / we stand?

Cheers..Will Rep if I can (not sure on how the system works)

Thanks,

mrolinc · 11th April 2008, 17:45

I'd contact your union representative. Surely they can't modify your contract without your consent.

LewDacris · 11th April 2008, 17:46

Quote:

Originally Posted by mrolinc

Surely they can't modify your contract without your consent.

That's right, they can't. You would have to sign a new contract.

Heliosphan · 11th April 2008, 20:03

You might think that they can't change your contract but if you read it carefully you might find something that stipulates that your working hours can be changed to suit business needs - providing the employer gives you so much notice.

Also, unless you work for some two-bit company, you'd think that someone in authority would know a thing or two about employment law.

Usually in situations like this, you either play ball or (unfortunately) look for alternative employment.

Oli_K · 11th April 2008, 20:10

*awaits post from johnny_vts.*

essex_sx · 11th April 2008, 22:25

you may find that your contract stipulates that you cannot work or be on call for 24 hours, as this is usually only for doctors etc.

go into your local citizens advice bureau or contact your union, as sacking you for a change in contract is surely unfair dismissal.

Viper · 11th April 2008, 22:31

as has been said, if new terms are introduced, a new contract should be made i think.

Sophie123 · 11th April 2008, 22:36

i dont think they can force you to do 24 hours.
when you got your job it wasnt in the terms of employment so you should have to sign a new contract.
and they cant sack you if you have been with them more than a year (well they could butyou would have a case for unfair dismissal)

Mark51^p · 11th April 2008, 22:40

if they change you onto a new contract then this has to be approved by the Union people are in. the company and union normally work together to get the best for the business but with the union been bias to the staff.
if you or your work collegues decide to not sign the new contract then the business can dissmis you in two ways. the first is under Gross Mis-conduct which pretty much covers most things and the other way is to offer and incentive to leave.
im sure that there will be some sort of rotational shift pattern in the 24hrs support and a pay increase to match the extra hours. however they could also say this this was built into your last pay rise.

i would read over your contract you have and possibly seek legal advise from a legal; firm or the citizons advice buro (sp,lol)

vidal · 12th April 2008, 07:32

Look at your contract. Most will stipulate hours of service, but will then have "or as required by needs of the service" or similar wording.

Unless it states explicit hours of work then you may consider becoming the ex-Mrs McCartney's body double.*

V.

*You won't have a leg to stand on.

johnny_vts · 12th April 2008, 22:45

As some have stated - this very much depends on the contract that you signed at the beginning of your employment (or most recent, should amendments exist) - are hours of work stated? Is there provision for overtime? Is reference to "opting out of Working Time Directive" mentioned? Without knowing the content or wording of your contract, it is difficult to offer detailed advice. I imagine, given the circumstances that you state, that there isn't/you are not part of a union, which would be best placed to deal with this issue. There is also the issue of how long you have been employed.

However, there is legislation that exists to protect you - Working Time Directive 1998, 1974 Health and Safety at Work Act, Employment Rights Act 1996 (I'm sure vidal will be more than willing to provide a clicky...

).

If you post more details, i can give a more precise answer.

katiescar · 12th April 2008, 23:09

on call, ? does this mean that you will be working on a rotor basis with other collegues? is this workable from home? is the 24 hr support in addition to your normal working hrs? if you have worked a "normal" day shift ie 8hrs, then it would be reasonable to work a further 8 hrs on call from home as you would be paid a retainer for staying in, plus a bonus per call. or if your work is putting 3 x 8hr shift pattern to offer 24hr coverage you would technically be paid your 8 hrs plus shift allowence. anything other than they are expecting you to work for free! thus minimum wage is the least they could pay per hr! OR WOULD BE A GOOD CASE OF CONSTRUCTIVE DISMISSAL!

Sammy-Boy · 12th April 2008, 23:16

Like everyone else has said. I work at a firm of solicitors and know for a fact its probably not in ur contract. Speak to a union rep or a solicitor. Some solicitors will probably do a free consultation anyway

spiderpig · 13th April 2008, 01:14

Ill get a copy and post back shortly, Cheers for the help so far all.

Should be back to you within a day or two.

johnny_vts · 13th April 2008, 09:32

Quote:

Originally Posted by vidal

Look at your contract. Most will stipulate hours of service, but will then have "or as required by needs of the service" or similar wording.

Unless it states explicit hours of work then you may consider becoming the ex-Mrs McCartney's body double.*

V.

*You won't have a leg to stand on.

Any contract should state working hours. Additionally, reference to opting out of the Working Time Directive should be included. Opting out of the WTD (which is your statutory right, whether reference is made in the contract or not) by giving notice to your employer (notice period of which should be stated in the contract) enforces your statutory right not to have to work >48 hours per week, irrespective of prior wording in the contract. Employment tribunals frown upon reckless employers that do not comply.

vidal · 13th April 2008, 09:56

Quote:

Originally Posted by johnny_vts

Any contract should state working hours. Additionally, reference to opting out of the Working Time Directive should be included. Opting out of the WTD (which is your statutory right, whether reference is made in the contract or not) by giving notice to your employer (notice period of which should be stated in the contract) enforces your statutory right not to have to work >48 hours per week, irrespective of prior wording in the contract. Employment tribunals frown upon reckless employers that do not comply.

Hi Johnny,

Of course, as you state they should state working hours, but many would give a total of hours to be worked over a period. My contract signed 7 years ago so will not be the best example states "xx hours to be worked over a seven day period" My shifts are predominantly nights, but my employers could require me to work days.

When I was a Union Rep (back in the good old days of NUPE, Nalgo and CoHSE), employment law was much easier.

Looking at the OP it says that

Quote:

It's not in anyones contract to do 24 hour support...

But it does not explicitly rule out 24 hour support. Without his contract, it's all just supposition at the moment.

V.