Company I work for got brought out my hours were 45 per week on call from home
The new company want us to be on call 5 days a week and 60 hours in total but we get no extra money
They first tried bringing it in within 2 days now we have kicked of at them they sent another letter giving us all notice some only have a week notice but I get 11 weeks
They said if we don’t accept them we will have action taken against us which could include dismissal
They also say hours on call are not work hours only hours that we work going to and from or on site are classed as work hours
Depends what’s in your contract. If they took over and haven’t given you a new contract then no they can’t.
However by giving you notice they have complied with variation in contract which they legally can do.
Unfortunately it’s accept the change or leave. Immoral what they’ve done but legal.
Collectively you can enter into negatiations and legally they must listen but again legally they don’t give to change anything citing business changes /needs etc and there’s nothing you can do.
Really hate it when decisions like this made with no thought to the frontline staff. One reason I left my management role as up to me to deliver and sell it even though I detested the changes.
Don’t suppose you have a union, not that it changes what will happen above .
No union
It’s the hours we are moaning about 60 hours on call but only paid 45 hours
We have tried negotiation but the md won’t listen and won’t come down he says do it or go
Just spoke to acas and they seem to think we have a case
If the take over falls within TUPE then TUPE rules apply. Take legal advice if you can afford one session. I was in this scenario and it was very helpful. Do not be bullied into thinking they can sack you for failing to work for new terms. Sign nothing until you have taken advice.
If I can make a suggestion it is to communicate with the company via e-mail. Be careful what you say and stick to facts not emotional exchanges. Their responses maybe useful if a dispute escalates. Inform the company politely yet in a busness like way that you are taking legal advice on your collective position.
Yes it does fall into tupe and after speaking to Acas earlier they advised as there is 4 of us to do it collectively so we are nominating 1 person to communicate with them and he is doing that by email
We have even told them that all we want is to be paid the hours we are on call but they refuse point blank
Jolly good. Ignore any so called legal advice on here regarding this. One simple answer won’t fit all cases. Details need to be known. The subject is a bit of a minefield and you need someone with legal training to give you the correct position. I’ve been through this and won’t offer you any advice other than say you’re going down the route I did. Good luck!
chris_g:
They said if we don’t accept them we will have action taken against us which could include dismissal
Correct. If there is a change of contract that the workers don’t agree to, the only option left for the company to get the changes through is to make the positions redundant and lay off the workers. The workers can then re-apply for their job under the new terms or go look somewhere else.
They also say hours on call are not work hours only hours that we work going to and from or on site are classed as work hours
Surly this is not right ■■
If they mean the hours you are waiting for the phone to ring then yes its right under WTD. If they mean the jobs you do whilst on call then no they’re not right.
Our original contract was work from home on call 8 hours per day and total weekly hours were 45
They now are trying to get us to be on call for 60 hours but only paid for 45
Also if a call comes in say an hour away at say 30 Mins before the 12 hours are up they expect us up go and do it and not get paid any extra so we could work say 15 hours and only paid for 8
Surely with abuse like this - it would be better to be working for a different agency that plays it straight, albeit with perhaps less desirable work?
Everyone hates C2 multidrop for example - but at least you get paid on time, and there’s no shortage of work when you step up to the plate for this at even the most average of agencies…
Just avoid “slow payers” and those that push you to “join their umbrella scheme”…