What defines "Any other duties..."?

Hercule Poirot

Hi All,

Not sure if I'm posting in the right place but here goes....

We have temperature sensitive rooms where I work and we have a system where people are on call for X amount of time so if one of the rooms goes out of spec then someone has to come in, regardless of the time (ie, night-time calls can require the person to come in) and attempt to bring the temp back into spec

Can an employer force a person to be on call? One of my colleagues has been told that they have to do it and they don't want to - they have been told that it is in their contract but they can only see the usual line of any other duties.... does anyone know where they stand on this?

Thanks

Stheno

It comes up time and time again here, basically once they are within the remits of the working hours act there is little you can do

If they do end up on call they should log details of everytime they are actually called

Hercule Poirot

Stheno wrote: »

It comes up time and time again here, basically once they are within the remits of the working hours act there is little you can do

If they do end up on call they should log details of everytime they are actually called

Sorry to be awkward but is that even if they do the full week's work (hours wise) that is stated in their contract?

Stheno

Hercule Poirot wrote: »

Sorry to be awkward but is that even if they do the full week's work (hours wise) that is stated in their contract?

Yes.

Most likely there is a clause about overtime as the employer requires it in their contract.

Hercule Poirot

Stheno wrote: »

Yes.

Most likely there is a clause about overtime as the employer requires it in their contract.

Ah, didin't realise that covers the requirement to be on call as well - can they be dismissed if they still refuse? They are willing to do the odd hour in an evening here and there, it's not like they have never done overtime, stayed late to get bits done, etc. - but does the employer have the right to terminate their contract?

Youngblood.III

Any company I worked for, there was a separate agreement when persons were required to be on-call, they got a premium on top of their salary, for the week they were to be available plus paid extra when doing a call out..looks like its time to enter discussions

Stheno

Hercule Poirot wrote: »

Ah, didin't realise that covers the requirement to be on call as well - can they be dismissed if they still refuse? They are willing to do the odd hour in an evening here and there, it's not like they have never done overtime, stayed late to get bits done, etc. - but does the employer have the right to terminate their contract?

Don't know to be honest

Youngblood.III wrote: »

Any company I worked for, there was a separate agreement when persons were required to be on-call, they got a premium on top of their salary, for the week they were to be available plus paid extra when doing a call out..looks like its time to enter discussions

Agreed

Hercule Poirot

Youngblood.III wrote: »

Any company I worked for, there was a separate agreement when persons were required to be on-call, they got a premium on top of their salary, for the week they were to be available plus paid extra when doing a call out..looks like its time to enter discussions

There is an extra payment for the extra period people are on call, and then payment if they actually have to come in for a call out - but the person doesn't want to do it regardless of the extra income

Dubwat

I'm gong to refer to 'you' instead of 'your colleague'.

My brother works something like that. I'll call him a service engineer for this post. He and a few colleagues work a 40hr week, Mon-Fri. They take turns in weekly slots to be 'on call' overnight and at the weekends. He gets paid a small amount for being on-call and then another larger amount if he actually gets called out.

Only downsides are he can't go to the pub/drink alcohol during the week he's on-call. Though having 2 kids limits that too!

And there's always a few arguments over who covers Christmas/New Year.

I suspect it's normal for your job if your company offers a 24/7 sevice to its customers and your contract probably reflects that.

Stheno

Hercule Poirot wrote: »

There is an extra payment for the extra period people are on call, and then payment if they actually have to come in for a call out - but the person doesn't want to do it regardless of the extra income

Has he done it in the past/was he aware it was part of the job?

Youngblood.III

How long is this person in the job prior to been asked to be on-call?

Hercule Poirot

Dubwat wrote: »

I'm gong to refer to 'you' instead of 'your colleague'.

My brother works something like that. I'll call him a service engineer for this post. He and a few colleagues work a 40hr week, Mon-Fri. They take turns in weekly slots to be 'on call' overnight and at the weekends. He gets paid a small amount for being on-call and then another larger amount if he actually gets called out.

Only downsides are he can't go to the pub/drink alcohol during the week he's on-call. Though having 2 kids limits that too!

And there's always a few arguments over who covers Christmas/New Year.

I suspect it's normal for your job if your company offers a 24/7 sevice to its customers and your contract probably reflects that.

It's not a 24/7 service - anyone not on call does the normal business hours, we don't have customers in the 24/7 sense - and it's temp sensitive rooms, not customer requirements

Stheno wrote: »

Has he done it in the past/was he aware it was part of the job?

Never done it in the past - it's not part of anyones job really, up till now it had been on a voluntary basis and various people from different depts. had voluntered - but they are looking to increase the number of people of doing it and have selected him apparently

Youngblood.III wrote: »

How long is this person in the job prior to been asked to be on-call?

Been here about a year or so, maybe a little bit more

Nody

Hercule Poirot wrote: »

Ah, didin't realise that covers the requirement to be on call as well - can they be dismissed if they still refuse? They are willing to do the odd hour in an evening here and there, it's not like they have never done overtime, stayed late to get bits done, etc. - but does the employer have the right to terminate their contract?

Yes they do; failure to fulfill a reasonable task would go to disciplinary etc. down the route until he gets fired basically. Would take a while but they would get there eventually.

Youngblood.III

Been there only a year will not protect your friend, you need to be in a job 2 years to get full employment protection, best thing he can do is try to come to a compromise.

If he was there 2 years or more, he could argue it is a change of work practices.

Hercule Poirot

Thanks for all your help guys - much obliged - it seems compromise is his best solution

Stheno

Hercule Poirot wrote: »

Thanks for all your help guys - much obliged - it seems compromise is his best solution

It probably is to be honest, at least he will get paid for being on call, I've worked a couple of jobs where it was assumed!