Work Mobile Phone - Legal Position

emmalt

My company issued me with a mobile phone as I am a consultant who works on site and from home etc.

My contract states the following:

Mobile Telephone

The Company may, at its absolute discretion, provide you with a mobile phone for business purposes. The Company reserves the right to withdraw the phone at any time. You should keep personal calls to a minimum. You agree that the Company can deduct the costs of all non-business calls if the Company considers that you have incurred such costs unnecessarily.

In Australia they have just cancelled everybody's mobile phone and have given them a taxable allowance to get their own mobile phone contracts. If they spend more than the monthly allowance then they can claim back any business calls. If they spend less, they can keep it.

It looks like they maybe rolling this out across the world and I am wondering if anyone knows the legal position.

My issue is the fact that my employer may expect me to enter into a financial agreement with a mobile phone company in order to reduce their liabilities. I will ultimately be liable for the phone bill.

If they make me redundant I have a contract with a mobile phone company I don't need or want. They wouldn't help to buy me out of the contract.

Also, if they went bust and I had a large bill because I have been abroad for my job (Germany and Poland next year) I would be stuck with the bill.

Does anyone know the legal position?

Anihilator

Get a pay as you go then as legally seems fine.

caeler

If I was a consultant I wouldn't want the phone, it could help imply I'm employed!! I think its a reasonable offer, as your compensated and its in your control what PAYG you get.

emmalt

bluefuzzybug wrote: »

If I was a consultant I wouldn't want the phone, it could help imply I'm employed!! I think its a reasonable offer, as your compensated and its in your control what PAYG you get.

I am employed that is the issue. My title is Business Consultant. If I was a contractor then I wouldn't have an issue as I would provide my own tools, have a limited company, etc. I would also charge them a lot more than they are paying me at the moment.

woody01

Personally i wouldn't entertain it.

I have a company mobile phone so i can be reached 24/7.
When i was given it, i was informed that it was for business use only and that i would be charged for any personal calls/data.
I gave it straight back!

When asked for my reasons, i stated that unless i used it for personal stuff aswell, i would not carry it when i was not 'at work', as i refused to carry two phones (personal and work).

I can now use it as i wish.

emmalt

Anihilator wrote: »

Get a pay as you go then as legally seems fine.

Agreed! But I think they have to get a contract (not sure but will check if they bring it in). Also pay as you go is a little impractical for my job.

emmalt

woody01 wrote: »

Personally i wouldn't entertain it.

I have a company mobile phone so i can be reached 24/7.
When i was given it, i was informed that it was for business use only and that i would be charged for any personal calls/data.
I gave it straight back!

When asked for my reasons, i stated that unless i used it for personal stuff aswell, i would not carry it when i was not 'at work', as i refused to carry two phones (personal and work).

I can now use it as i wish.

If it happens I want to refuse but I will be alone. Most people will just complain but do nothing. Hopefully my husband will be working again by then and I can be more militant :rotfl:

This will be the first of many things that they bring in to improve the balance sheets (this is not really a cost cutting exercise as they will still pay for most calls). They did think about getting us to lease our own laptops in a similar manner.

SandC

Why are you worrying about a scenario that isn't even happening anywhere but Australia? At the moment your company states that they will only expect you to pay for personal calls if they are deemed excessive. If things change and you ever have to provide your own mobile contract then you can negotiate things then.

mikey72

woody01 wrote: »

Personally i wouldn't entertain it.

I have a company mobile phone so i can be reached 24/7.
When i was given it, i was informed that it was for business use only and that i would be charged for any personal calls/data.
I gave it straight back!

When asked for my reasons, i stated that unless i used it for personal stuff aswell, i would not carry it when i was not 'at work', as i refused to carry two phones (personal and work).

I can now use it as i wish.

Only problem with that is the company own your "personal" number, if you move or they change service providers.
Would have been better to have used your own phone and put the calls on your expenses.

emmalt

SandC wrote: »

Why are you worrying about a scenario that isn't even happening anywhere but Australia? At the moment your company states that they will only expect you to pay for personal calls if they are deemed excessive. If things change and you ever have to provide your own mobile contract then you can negotiate things then.

No, they are looking at bringing this in globally which they will do.

I don't object to paying for personal calls except when I am away from home which I think I am entitled to (within reason). For example I have just coming to the end of a 2 ½ week stay in Australia, which is why I know about this.

My problem as stated in the original email.

My issue is the fact that my employer may expect me to enter into a financial agreement with a mobile phone company in order to reduce their liabilities. I will ultimately be liable for the phone bill.

If they make me redundant I have a contract with a mobile phone company I don't need or want. They wouldn't help to buy me out of the contract.

Also, if they went bust and I had a large bill because I have been abroad for my job (Germany and Poland next year) I would be stuck with the bill.

I am trying to establish the legal position before it happens so I can be ready as it will happen.

pelirocco

I know someone who has to use his on credit card to fund to pay his business fuel and hotel bills , then crosses his fingers they pay him in time to pay the bill off