No Contract and hours being increased.

Gina_Jack_of_all...

Hi,

I'm writing on behalf of my hubby, he has been employed as a full time heating engineer (please don't jeer, he one of the good guys and contra to popular belief, he earns very little). He has been with the same company for seven years. He has never been given a written contract, though he has asked for one several times.

A few months back he was told he must do overnight call out, (with very little financial incentive compared to the bigger companies) for one week in every eight. His boss said this was ‘the way it was, take it or leave it’. Current climate – we had to take it, but still with nothing in writing barring a scribbled note from someone in the office.

He is not due to do overnight call out for another 3 weeks but received a text message this afternoon ‘reminding’ him that he is on call again from this Friday. When he rang the office to see if there had been a mistake, he was given the same line...‘take it or leave it’ and that callout will now be one week in five.

Firstly, can he insist on a written contract and also have they got him over a barrel in that can they now write a contract with entirely new expectations? (At his interview he was told the hours were Monday to Friday, no evenings, no weekends)

Secondly, can they make someone work over night, changing expected dates with just a few days notice?

Gina

borders_dude

Has he raised his concerns with his line manager? and/or the company boss?

borders_dude

Why is your request for advice in:

Redundancy & Redundancy Planning

and not in:

Employment, Jobseeking & Training

?

Pssst

He is legally entitled to an employment contract.

His hours are subject to the working time regulations.

Does he work from home? What are the callout arrangements? What about rest time?

Is he a TU member?
If not,he needs to join one.

https://www.gmb.org.uk

jazzyman01

Implementing a change like this should be done in consultation and, if not agreed with the individual, the company would need to give notice to change. If your husband has worked there 7 years it would be 7 weeks notice.

Take it or leave it attitude - is it a small company?

Gina_Jack_of_all...

borders_dude wrote: »

Has he raised his concerns with his line manager? and/or the company boss?

It was his boss, the owner, who told him to "take it or leave it" :mad:. My man has always got on well with him but we have since heard, that people are being laid off and as he has been there the longest, we are now wondering if his boss wants him to walk to save any severence pay.

Gina_Jack_of_all...

borders_dude wrote: »

Why is your request for advice in:
Redundancy

and not in:
Employment

?

Sorry, my mistake... not sure what the etiquette is here, should I list it again?

Gina_Jack_of_all...

Pssst wrote: »

He is legally entitled to an employment contract.

His hours are subject to the working time regulations.

Does he work from home? What are the callout arrangements? What about rest time?

Is he a TU member?
If not,he needs to join one.

He has asked for a contract many times but had no joy. We now feel he is over a barrel.

Rest time is a joke, he had a job a while back which meant he had to travel for 45 minutes to a house that had flooded at about 10.30pm, he didn't get back until almost 1am and still had to get up at 6am for normal work the next day... so no concessions there, although we understand the big boys like british gas have all sorts of policies on rest time. He has queried this with his boss/company owner, but they say late call outs is so rare, there are no company policies. It's a small company and getting smaller by the minute as they are now laying off people on a last in first out basis.

Thanks for the Union link - will look into that, although not sure what will happen when his boss finds out.

Gina_Jack_of_all...

jazzyman01 wrote: »

Implementing a change like this should be done in consultation and, if not agreed with the individual, the company would need to give notice to change. If your husband has worked there 7 years it would be 7 weeks notice.

Take it or leave it attitude - is it a small company?

It IS a small company, about 20 employees I think and a few sub contractors.

Can you tell me where I might find information regarding consultation on change on the internet, so he can use it as reference please?

jazzyman01

It may well be that your OH's boss is looking for him to walk and save redundancy payments. He may be hoping that he does not turn up on Friday and therefore can dismiss. Alternatively he may be in difficulties in his business and need the guys to be flexible in their working patterns.

He needs to find out what is behind it. Should write asking for a meeting and detailing the concerns, no contract, being required to work call out when never done so before, (happy to help in current climate but sudden changes without any consultation is not acceptable ie moving from 8 to 5 week rota) wants to know when this temporary situation will be reviewed etc.

He should then get it in writing what is agreed, payments, exact cover, compensatory rest (if applicable) etc.

Gina_Jack_of_all...

jazzyman01 wrote: »

He needs to find out what is behind it. Should write asking for a meeting and detailing the concerns, no contract, being required to work call out when never done so before, (happy to help in current climate but sudden changes without any consultation is not acceptable ie moving from 8 to 5 week rota) wants to know when this temporary situation will be reviewed etc.

He should then get it in writing what is agreed, payments, exact cover, compensatory rest (if applicable) etc.

Thanks a lot, we will get on to that tonight. The pessimist in me thinks my other half will be resistant as it would really put him at the top of the hit list, but I will do my best.

I suggested he do the same when they first told him about call out, but my words were not so eloquent.