..to be 'on call',I have to answer a support phone upto an hour or so after I finish work and all weekend (this is a new reduced version it used 2 be 24/7) I recently requested a copy of my contract to see what wording there was regarding this as I have only had covering letters to add to my original contract.(I transfered jobs which did not have 'on call'.) It took my HR department 6 weeks to tell me they did not have a contract on file for me and a further 4 weeks to get a new copy drafted. when i did finally get thecontract the 'on call' was only mentioned in a covering letter stating that salary included an 'on call' allowence. Is this right surley this should have been put into the contract? I have had a session with my boss because there was a day when I lost the phone and knowbody could get hold of me but I rang in a day later to sort problems. I'm being bollocked for something there not even prepared to put into contract can I do anything about this?
2006-11-02 21:37:21 · 8 answers · asked by b.ridgette 1 in Business & Finance ➔ Careers & Employment
if it is not in the contract and you have not signed the paper to agree to it, they can't make you work the extra hours and they can't fire you if you don't.
The fact that took six weeks to get back to you and then came back empty handed only to have to redraft a new means that they have not been properly informing for of their expectations and your rights.
If they say that the 'on call' nature of your job in reflected in your wages you have te right to ask for a break down of pay. i.e basic wages and on call allowance. if they don't provide you with this seek advice.
If you signed the contract (the original) you should have been given a copy which they also sighed.
If you are not happy with the way they are treating you go to the citizen advice bureau as they have employment specialists on hand to inform you of your rights and they can even speak to your boss on your behalf.
2006-11-02 21:44:36 · answer #1 · answered by Heather 5 · 0⤊ 0⤋
Firstly, I understand that wef October 2005, all companies must provide a full job description of all employee roles within their organisation. You state that it does not say in the actual contract itself that you would be on call to such an extent. Does it say in the job description? This description should have been made available to you before you agreed to take the role.
The company usually puts a little catch-all statement at the end of contracts saying that the employee must do anything else that is reasonably asked by their manager or words to that effect. They may try to rely on that. It must be established then what is 'reasonable'. Do other people in the same role as you perform on call duties in the same way? Was this mentioned at your interview?
It seems a bit rough that after working all week you are on call all weekend as well. What hours do you work during the week? The company legally cannot expect you to work more than I think 45 hours a week averaged over 17 weeks (check this out though) which would include the time that you are at home but still on call.
I think that you should seek advice from either the CAB, which would be free, ACAS from their website which is really good or the advice of a qualified lawyer. Try Community Legal Services DIrect website, cls-direct.co.uk for details of local solicitors to you. Make sure you ask for a fixed fee initial interview. They will be able to advise whether the contract terms are valid and/or fair and also whether you are working too many hours a week.
2006-11-02 21:50:19 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It depends if you are a member of a unionized work place or not. You would need to show a valid infringement on your contract which from what you wrote you are having a hard time in doing that. It sounds to me like you are unhappy with your job and it may be necessary for you to look for another place of employment. I wish you the best of luck!!!
2006-11-02 21:44:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Amendments to your contract can be made at any time. They are only binding if you sign.
If they bollock you - refer them to the contract that you have signed.
However, if the job role has changed significantly, they can make you redundant if you are not prepared/able to match the new speck.
2006-11-02 21:51:27 · answer #4 · answered by Alice S 6 · 0⤊ 0⤋
Looks like things have got to a point where looking for another job may be the answer!
2006-11-02 22:23:10 · answer #5 · answered by Robert B 3 · 0⤊ 0⤋
you are being screwed they cannot add bits to your contract by way of covering letters amendments must be agreed by you in writing. good luck
2006-11-02 21:41:16 · answer #6 · answered by mrs ruggers 1 · 0⤊ 0⤋
At the moment due to unemployment sorry to say employers
hold the aces.
2006-11-02 21:41:00 · answer #7 · answered by Ollie 7 · 0⤊ 1⤋
Heather has got it spot on, follow her advice.
2006-11-02 21:49:04 · answer #8 · answered by JMac 2 · 0⤊ 0⤋