On Call Arrangement - Amendment to contract

[marting]

Hi Guys,

My other half works for in some sort of laboratory (I'm be intentionally vague in case her employers are PH'ers). Some time ago they introduced a dubious on-call and weekend work rota.

This basically equates to:
- Working ~1 in 4 Saturdays. No extra compensation is given for this extra days work - you're entitled to leave 15 minutes early each week day. This equates to you working the same number of hours in the month.

- Being on-call for 24hrs a day, twice a month - responding to incidents and going into work during the night if needed.

None of the staff are overly happy with these changes to their contracts. They've voiced their opinions and offered alternative arrangements that would satisfy the employer but maintain a better work-life balance. Alternatives are basically dismissed without consideration - the senior manager doesn't even attend their agreed meetings, he sends his deputies to respond with "no".

My other half isnt too bothered about weekends, but the on-call system is particularly tough. Recently, after working a normal shift, she returned home only to be called at midnight to return to work. Living ~30 miles from work (London) and relying on taxis meant she wasn't able to get to work for 3 hours (a long wait for an available taxi). All in all this meant she worked midnight till 6am, after working a normal 9-5 shift.

The majority of the time spent attending an on-call is travelling (its about 30 mins work), and for the majority of staff its not a problem as they live close. My other-half has spoken with her boss about alternative arrangements but has basically been told to suck it up or leave.

While the latter is quite appealing, is there any legislation to back up her case here? The EU working time directive doesn't come into play here does it? Can anyone point me in the direction of legislation around rest days?

Thanks,
M

[yorkshireegg]

I seem to remember something in the working time directive about a certain amount of rest between shifts (11 hours comes to mind?). And also rest days are in the working time directive.

I think there's some good advice on the Citizens Advice Bureau website.

I hope you manage to come to an agreement but sometimes you just have to put up with it or find work elsewhere

[marting]

yorkshireegg said:

I seem to remember something in the working time directive about a certain amount of rest between shifts (11 hours comes to mind?). And also rest days are in the working time directive.

I think there's some good advice on the Citizens Advice Bureau website.

I hope you manage to come to an agreement but sometimes you just have to put up with it or find work elsewhere

Thanks - I didnt think of the CAB. I'll check it out

[yorkshireegg]

marting said:

Thanks - I didnt think of the CAB. I'll check it out

http://www.acas.org.uk/index.aspx?articleid=1373

Just found this too, not had chance to read it over but looks like it might be of use.

[speedking31]

Is she in a union. Do they have an employee consultation committee?

See this bit:

What are the legal aspects of consultation?

There are some times when you must consult your employees, for example when 20 or more employees are to be made redundant a period of consultation must take place. This would also be the case where a transfer of undertakings will occur. Also employers may be covered by the European Union Directive for informing and consulting employees, these regulations apply to business with 50 or more employees. Under these regulation employees have the right to:
•information about the business economic situation
•information and consultation about employment prospects
•information and consultation about decisions likely to lead to substantial changes in work organisation or contractual relations.

Edited by speedking31 on Tuesday 29th October 16:43

[Motorrad]

To be honest I'd find another job or move to a location where out of hours contact isn't possible due to 'network coverage issues'.

Sounds like a really stty situation and a classic case of an employer exploiting the workforce in order to minimise their costs.

Ultimately it will backfire on them. Goodwill is lost and employees become enemies. I wouldn't be surprised if this sort of regime led people to being off 'sick' with 'stress' long term. Or worse for amounts of time too short to require a Doctor's note.

[marting]

speedking31 said:

Is she in a union. Do they have an employee consultation committee?

Edited by speedking31 on Tuesday 29th October 16:43

She is, but from what I gather they've been rather useless at helping. First of all they were told that its not something the Union would help with. Later after all was said and done someone else from the Union asked whey they hadnt asked for help. Sounds like a bit of a shambles that nothing clear was communicated to/from the Union.

Motorrad said:

To be honest I'd find another job or move to a location where out of hours contact isn't possible due to 'network coverage issues'.

Sounds like a really stty situation and a classic case of an employer exploiting the workforce in order to minimise their costs.

Ultimately it will backfire on them. Goodwill is lost and employees become enemies. I wouldn't be surprised if this sort of regime led people to being off 'sick' with 'stress' long term. Or worse for amounts of time too short to require a Doctor's note.

She is on the look out, but its very hard in the industry that shes in. Fingers crossed. Its a pretty dire place - they're quite strict with sickness monitoring too, shes had a talking to from her line manager about her Bradford score before (genuine sicknesses). I find all of this crazy - its just not the sort of job where you handle absences and things that way!

[CobolMan]

If it's anything like our place, the management will say that the 11 hour rule doesn't apply because incidents dealt with by on-call are deemed to be emergencies.

[Terminator X]

Should have said no before it came in? A contract can only be altered if both parties agree.

TX.

[speedking31]

But by continuing to work to the new conditions you are deemed to have accepted them.

If you say no and the new rota is introduced, your only real option is to resign and then hope to win at an industrial tribunal. But hat in itself is very disruptive and IMO it would have to be a very significant change to working practices to make that route worthwhile.

Negotiation via employee consultation is the best option and should benefit both 'sides'. There are no doubt some people who lap up the overtime and others that want regular hours, everyone's a winner.

[marting]

speedking31 said:

But by continuing to work to the new conditions you are deemed to have accepted them.

If you say no and the new rota is introduced, your only real option is to resign and then hope to win at an industrial tribunal. But hat in itself is very disruptive and IMO it would have to be a very significant change to working practices to make that route worthwhile.

Negotiation via employee consultation is the best option and should benefit both 'sides'. There are no doubt some people who lap up the overtime and others that want regular hours, everyone's a winner.

From what shes told me the consultation period was handled really strangely.

For starters, the director scheduled it for when he was on on holiday to avoid any negotiation and contact with the workforce. I dont know how much HR was involved, but I imagine HR are supposed to mediate things? It doesnt sound like this happened at all - it was phrased that "this is happening - the meeting is to let you know".

To me it all sounds as if its been made worse by the fact that alot of people within the team are quite passive, just going along with things to avoid confrontation with the management because they know things will never end well.

Is it pretty much like it or lump it now then?

[Muzzer79]

Firstly, I would speak to an employment lawyer, through the CAB.

Any changes to hours/contract must go through a 4 week consultation period but, and IANAL, I believe this cannot be as drastic as, for example, changing a day role to a night role.

Your OH cannot reasonably be expected to commute in for 3 hours in the middle of the night, having worked all day, and then do another full day straight afterwards.

However, how this is handled is best served by someone professional.