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On support....

Discussion in 'Employment & Jobs' started by Luddym, Jan 15, 2008.

  1. Luddym

    Luddym Megabyte Poster

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    Sorry guys, I know we had one of these threads very recently, but things have changed for me recently.

    I was expected to be on support at weekends, on bank holidays, The Christmas period even though In was using my own annual leave (Except boxing day and xmas day) and in the evenings up to about 7.

    This changed today when we were told that we have to be available 24/7, without any compensation at all. We get well under market rate as it is, and no pay or even time off in lieu for out of hours work, so basically the company expect us to be available and willing and FREE.

    For me it isn't about compensation, it's about time off to relax, which I can't do if I can be contacted absolutely anytime.

    I was told that if I refused my job would probably be in the balance. I've been looking for working time directives but failing miserably, has anyone been in this situation?
     
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  2. BosonMichael
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    BosonMichael Yottabyte Poster

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    How many of you are there, and how many need to be on call ALL of the time? Certainly you can work something out where the team rotates carrying a cell phone or Blackberry device, right?

    If you don't like the situation you're in, you only have a few options: convince your employer it's unfair so that they change the situation, deal with it, or leave. Realistically, what other options are there?
     
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  3. JohnBradbury

    JohnBradbury Kilobyte Poster

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    I would suggest you seek legal advice with regards to this. I'm not an expert but this must be in breach of certain employment laws.

    Also I would look to cover my back. Get everything in writting (or at least in email) and see if you can get your boss to confirm in a mail that your position would be on the line if you refused.

    It's simple really, no pay = no work!
     
  4. Node

    Node Byte Poster

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    Yep im sure what they are doing its against the law!! Get everything in writing just incase they decide to get rid of you and then get yourself a good soliciter :) one of thoes no win no fee ones perhaps lol
     
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  5. Luddym

    Luddym Megabyte Poster

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    As a team, there are 3 of us supposidly on call and we ALL have PDA's. Unfortunately, my manager took it upon himself to make me first line of out of hours support, as 2nd/3rd line of support. The other guys are only there if I can't resolve. But as most of the things are simple (Except for full sites down) I have never had to escalate yet.
     
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  6. greenbrucelee
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    greenbrucelee Zettabyte Poster

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    If its written into your contract the you have a problem and should take the contract to a solicitor or citizens advice beurau. Legally as far as I am aware if you work a normall working week but are expected to be on call at unsociable hours then you should be compensated at the going rate. You should not be expected to work for free.

    If your working weeks hours go over the European Working Time Directive (40 hours I believe) then your company is breaking the law if they are not compensating you for it.

    If all that is just what your boss has said i.e no contract then he is definetly breaking the law and you should seek advice ASAP.
     
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  7. Fergal1982

    Fergal1982 Petabyte Poster

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    Thats a negative. There is no requirement to pay you extra for working outside your 40 hours a week. The requirement is that you must sign an agreement to waive the EWTD. Additional payment for this is a negotiation between you and your employer.

    However, the EWTD applies to regular working hours. Since whilst being on call you may conceivably encounter zero calls, I believe that you are not technically working during that time.

    You can seek legal advice, but you need to consider that word of you raising a lawsuit against an employer will get around the area. It wont look good, and could lose you jobs.

    I agree with BM to be honest, negotiate a change (which sounds like it wont happen), deal with it, or move on.
     
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  8. greenbrucelee
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    greenbrucelee Zettabyte Poster

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    My mistake I use to be on call out for nothing but as soon as the EWTD came into effect I was paid a set amount for being available.
     
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  9. Fergal1982

    Fergal1982 Petabyte Poster

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    Its possible im wrong, its been a while since i looked over the regulations to be honest. But im fairly sure thats the case.

    The OP can seek legal advice on the matter, no-one here can substitute a good lawyer, but at the end of the day, my point about bringing legal action against an employer stands.
     
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  10. greenbrucelee
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    greenbrucelee Zettabyte Poster

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    I agree get some advice at your local CAB first before doing anything rash.
     
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