Ad-hoc working arrangments.

[ecalid]

Hello.

Thanks again to the beagles for helping me with other things.

I need to call on you again unfortunately.

it is basicly a question and I will keep the background minimal:

So, basicly I was offered another role at my work that is non-co tractual, but displaces my contracted working arrangements by 1 day each week. So I work 4 days as my contracted role and then for 1 day as another uncontracted role.

After raising questions to management, this was quickly dismissed and was told that its not relevant. After pushing through HR I managed to squeeze a response out of management which now states that my additional role is on an ad-hoc basis.

This additional role is rota'd in every week and is clear to see by everybody. I was under the impression that an ad hoc job was spontanious and an immediate solution to a short term problem.

Managements intention seems to be that my additional role will continue indefinetly, uncontracted and only paid via a bonus.

Just so you know, the role is a supervisors role, that is essentially a prerequisite to the forcasted operation of the business that would be logistically impractical without my input in this additional role.

IS this ad hoc job a rouse to shut me up? Or am I entitled to an amended written statement to accomodate this vital role within the company.

Could anybody offer a bit of insight into this??

Thanks in advance.

[ULA]

What is your contracted working arrangement currently as stated in your contract of employment? If your contract of employment states that you work 5 days a week I am not sure how your employer can say that 1 day is now uncontracted. If they are redefining your job in that you will work in your current role for 4 days per week and then a newly defined role for 1 day then they do need to set this out in writing and provide a job description for the new role.

I resume you are paid an annual salary for 5 days work, are they proposing that this is reduced by 1/5th and then they pay a bonus for the 1 day of the new job - have they defined the terms of the bonus? This is a change to your terms and condition which needs your agreement and then this has to be put in writing as an amendment to your terms of employment.

Sorry more questions from me than answers for you at the moment but it does seem that they have not thought this through very well.

[ecalid]

Hello. Thanks for replying.

So it says that I work 5 days a week in my primary role. There is a clause that stipulates their right to use me elsewhere but nothing about ad-hoc or pro-rata. I am paid weekly, I start at a prescribed time and finish once the job is done.

There is no contractual bonus. I have deduced that the company throws out bonuses as remuneration as to avoid it being construed as a wage, probably to not articulate particular terms of my contract.

The feeling seems to be that whilst this role is not contractual, it can be used as negative reinforcement to induce desired working results, as the role is a very sought after job in my department.

Also it is worth mentioning that I share this role with another employee, and we both also alternate different roles each week. So 4 days primary, 1 day either supervisor or office clerk.

Thanks.

[ULA]

Can you post up the clause (anonymised) about the right to use you elsewhere. Thanks.

[ecalid]

Can you post up the clause (anonymised) about the right to use you elsewhere. Thanks.

“You may be required to undertake other duties from time to time as we may reasonably require”

Thanks.

[ULA]

From time to time means precisely that, it does not cover a permanent change to your role for one day a week. I would suggest that you get them to put clearly in writing what they want your working arrangements/roles to be for your working week and confirm that your salary will not be changing.

You have mentioned a bonus however just a thought since this is a supervisory role for one day per week does this come with an associated increase in pay grade if your company operates a pay grading structure? If so that needs to be reflected in your salary arrangements on a pro-rata basis for the time you work in this role.

[ecalid]

From time to time means precisely that, it does not cover a permanent change to your role for one day a week. I would suggest that you get them to put clearly in writing what they want your working arrangements/roles to be for your working week and confirm that your salary will not be changing.

You have mentioned a bonus however just a thought since this is a supervisory role for one day per week does this come with an associated increase in pay grade if your company operates a pay grading structure? If so that needs to be reflected in your salary arrangements on a pro-rata basis for the time you work in this role.

Thank you so much! I really needed somebody to tell me that I'm not just being a "contentious arsehole", or words to that effect, comming from my boss.

I have tried to push an amended contract through HR, they didn't help and referred it to my boss, who then explicitly said that I wont be getting an amended contract, and if I continue with the status quo then he will rescind all other duties and I will remain in my primary role... See where the negative reinforcement comes in??

I don't think that they do operate that, but I wouldn't know as wages seems to be a very delicate area, especially as it is a family run business.

I am a little stuck, to be honest.

[ULA]

If your contract does not contain any clause about the company having a right to make a unilateral change (and even then, they should be reasonable and made after consultation) then there should be a discussion with you about the changes and you have to agree or not to them.

I am still not clear whether the proposal involves your salary being reduced to 4/5ths of its current level and then this bonus arrangement being put in place for the 5^th day? If this is the case, then that is a change to your current contract and needs to be recorded as such if you agree to it but only do so if you are very clear about how the bonus is being paid and there is no room for them to wriggle out of paying it. In any event where changes are made to your contract, employers must give you written notification of the change within one month.

How long have you worked with your employer?

If your boss is using pressure I suppose the question is are you happy to remain in your primary role?

[ecalid]

Ula

Thanks for your reply, just so you know... I managed to turn most of this around and the company is apparently willing to provide me with a contract now, the contents of the contract are ambigious but apparently it will still not state that my job description encompasses all 3 roles.

Also, apparently these additional roles are now subject to a trial that I knew nothing about. I was not given a trial for one additional role for the year and a half I have worked it but now the newest additional role is now on a trial basis with another employee, after initially being on an ad-hoc basis???? have been with the employer for 4 years.

To me it feels like they will use this to rescind the additional duties as they could not bully me into submitting.

[ecalid]

It is also worth noting that this "job" was not advertised internally or externally. It is just an additional duty that for one day a week displaces my contractual duties, the we work 6 days a week and the current supervisor works for 5.

[ULA]

Thanks for the update.

Have you had the contract yet? If there is anything in it you want to check then you know where to cone for help.

[ecalid]

Ula I'm afraid not.

it just looks like a stalling tactic so that I didn't leave on constructive dismissal, as I made it very clear that their actions were a breach of the mutual trust and confidence.

They seem to think that I am now on a trial basis, as opposed to the ad-hoc arrangement that they initially said. A trial for an ad-hoc job??? Is that actually possible.

Anyway, I already have an additional role in the company that was not subject to a trial, I am confused as to why they now feel as if this new additional role requires one.

I think i will apply for a DSAR and attempt to acquire the paperwork that suggests this semi-promotion in on a trial basis.

It is also worth noting that I am on this trial with another collegue and it is now obvious that we are being pitted against eachother.

What do you think?

[ecalid]

Also for the past year and abit. My wage slip said "Saturday bonus" and this was at an agreed rate.

After questioning work in regards to my contract, this has now been changed to my worked hours plus a bonus to make up wage that was in place.

[ULA]

You must be so confused as to what is actually going on with your "roles".

On their agreement to provide you with a contract I would leave it a reasonable amount of time, say a week and if it has not been given to you then chase it up but do so in writing.

Have they said in writing that he job it on a trial basis? If not I would again write to then and ask them to confirm that the job is on a trial basis, how long that trial is for, how will success be measured and since you know someone else is on a trial for the same role ask them to confirm how many positions are available. Starting to formalise things with them by making these requests in writing may (and I have my fingers crossed) make them think about how they are approaching this situation.

In regard to your payslip have the amounts changed or is it that the split between the categories of salary been varied? In my view bonus is something you get paid for in addition to your contractual hours salary. So if Sat is a normal part of your working week then I am unsure as to why it has been classified as bonus.

On DSAR if you do decide to make one just to let you know that as consequence of GDPR that came into being in May employees now have one month not 40 days as previously to respond to such a request. Just in case they have overlooked this! Also under GDPR the previous fee of £10 your employer could have charges you is no longer permitted unless they can prove "manifestly unfounded or excessive requests."

[ecalid]

Hi, thanks again.

Yes is is quite confusing, it appears that they are attempting to preserve ambigious working arrangments to their benefit. It is often used as negative reinforcement in order to keep me complacent as they know that I am intending to further myself in the company.

It's been over a week now but apparently the "trial" is being reviewed upon the return of my immediete supervisor so we will see how this pans out. Hopefully considering having egg on his face, he should allow us to continue as partners or he will elect one of us for the job.

However, to say that this is a trial, I have had less than equal opportunities to my counterpart, I have addressed this with my boss and he says he will sort it out. Basicly out of the 3 months, I have probably only ever had 3-4 days of practical and unfettered experience in this role due to the requirements of the business, whereas my counterpart has had pretty much all of it.

My bonus for the past year have been on my wage slip as 1/5th of my salary which as you aptly put is contraire to my contract. I haven't told them this yet but I presume they have clicked on, as upon requesting clarification of contract clause this has now been changed to an additional bonus for a few quid to make up the difference. And is now seperate from my contractual pay.

Also it is worth noting that this job was never advertised, we never signed any contract and was immedietly put through the neccessery training without actually even knowing the title of the role we are training for, this seems to be the trend with all of my additional roles, with the exception of this new role now being subject to a trial, presumably because I started asking questions.