nadger

Just a quick question would be grateful if anyone could help.

My employer has asked our IT dept to sign an on call agreement for 24*7 cover which we regard the compensation for the on call payment to be unreasonable, and some other terms of the contract like not being able to travel a certain distance away from the office while on call unreasonable. Have been told verbally there is no discussion on this matter and they want it signed within 2 days.

My questions are:

Is this a change of contract or an addition as there is nothing in our existing contracts regarding being on call?
Can they force us to sign it?
If we don’t what are the consequences?

Thanks

john_s

iTrader: (1)

Not an expert on employment law, but i think that if they notify you of a change in your terms & conditions and you carry on working for them (i presume without lodging a written objection), you will be deemed to have accepted them.

John

camk

they can change the contract but need to give you notice to do so,I think 2 weeks is not enough.The other area to check is EU working time directive on On-Call etc as you are limited to the hours you can legally work in any week and I'm sure there is a minimum rest period requirement if you get called out.

RichS

Last time I experienced this sort of thing was about 5 years ago.
Then (if I remember correctly) the employer could give 3 months written notice on a forced change to contracts, providing the new contract terms did not breach the Working Time Regulations or any other part of employment law.

This may have changed since then, but any change is likely to be in the employees favour.
I doubt very much they can force you to accept new terms with only 2 days notice!

Anyway, I'm no expert, so take my words with a large pinch of salt.

Have a look here to see if there's anything useful, and more importantly, seek professional advice.

Good luck!

Rich

dba

the 3 months notice isn't actually notice,its regarded as a "consultation period",but they can do it anyway after the 3 months

if you agree after consultation,they can enforce it after 1 month

nadger

Thanks for the advice I think I'm going along with the rest to the citizens advice bureau at lunch time

bennyboy

AFAIK they are required to give you a 90day notice period for any changes in your T&Cs

Ben