what is reasonable?

[newbi123]

Hi all.

A bit of guidance if you can.

My colleagues and I have been told we have to take part in an official out of hours standby rota. The Company has said that they can do this as it is a reasonable request and not a change of contract. I disagree as do many others as we have never had to be officially available out of hours although we have made ourselves available out of good will as we work in a 24/7 business.

My contract states:

Hours of Work. Your normal hours of work are 37 hours.
Overtime and Working Time Regulations. You are expected to work the hours necessary to ensure that your duties are properly performed within the guidance of the Working Time Regulations 1998 and any workforce agreements agreed to that effect.

I am on a personal contract as are my peers. This will also be coming to the level below me who are collectively bargained through the union. They also have the same clause. The company sees it as big enough to consult with the unions and not just infom them, but they are with us.

Should the company not be consulting with myself as i belive it is a change of contract as other roles have it stated in them if they are to participate in a formal OOH standby. We would be paid a very small retainer but not fir hours worked, only toil if we had to go into the office.

We will be covering other areas of the business, not just our own when on standby. These include areas with diffrent job titles and responsibilities.

Is it reasonable to ask someone to do this when they have never had to before?

Any advice would be great.

[ULA]

My opinion is that there should be individual consulatations with those of you being asked to work a rota system that are not covered by collective bargaining.

This situation is not really covered by the section you posted "Overtime and Working Time Regulations. You are expected to work the hours necessary to ensure that your duties are properly performed within the guidance of the Working Time Regulations 1998 and any workforce agreements agreed to that effect."

I also believe that the inclusion of a completely new standby rota is more than a "reasonable request" and does amount to a variation of your contract of employment that should be consulted on.

[dslippy]

Consultation may not be worth much. Calculate what would be your redundancy entitlement.
If you do not agree, they simply say, 'we want people who will do this (x, y and z), and do not need people who will not' They make you redundant and rehire.
Sadly redundancy pay is not usually a lot.

[ULA]

dslippy if the company did decide to undertake a consultation process and the OP does not agree to the changes then it would not be a redundancy situation so no payment would be due. The company would give notice to terminate in accordance with the contract of employment and then offer a new contract to include the standby rota as part of the working arrangements.

[newbi123]

Thanks for the responses so far.

It feels like they are effectively saying that my current role is not what the business requires and need a similar role with a standby requirement so surely that means my role is redundant?

If I was to say no, raise a grievance and get legal advice could they force me to or potentially fire me for breach of contract before its resolved as they see it as its not a variation.

Could that be then seen as constructive dismissal if they threat that and I resign?

Cheers

[dslippy]

You are making it more complicated than it is. If the company decides to push it, then they can, along the lines suggested. They simply pay a sum - often not very large - to terminate your contract.
No need to have disciplinaries or grievances or constructive dismissals.

[ULA]

Your employer can implement changes in your terms and conditions and the law does recognise that companies have to adapt to changing market conditions, and that sometimes the contract of employment must be varied to reflect this. In thsis case your employer is wanting to change your contract to included a standby rota.

However they do need to follow a fair process to implement these changes by way of fully consulting with you to try to agree any changes. If your employer has given reasonable and due consideration to objections and alternative suggestions that you put forward, but deem those suggestions to be unworkable, then they can terminate your original contract and offer a new one in its place on the new terms and conditions. This would not be a redundancy situation.

[newbi123]

Hi ULA.

Thanks for the info. My company says thats its not a change in contract though, thats the issue.

If I'm reading it correctly, as they don't see it as a change if contract and want us on an official standby rota I don't have a choice as even if I put in a grievance I have to do it whilst I get legal advice as if I don't they can / will terminate my contract at the first refusal to go on the rota. Its like there is no opertunity to pause for the legal advice and challenge.

Is that the correct situation?

Thanks