Can i be sacked for not answering boss's/work calls outside of work hours??!

Marco86

Basically i work for a very big security company.

They have mucked me around since day 1, as i was interviewed and meant to have had a permenant fulltime job,
however due to them taking 3months before bothing to do my references,
when my induction day came they then suddenly told me that that job i was going to have they had given to someone else,
and so id have to just be a casual cover worker at various sites! :mad:

Whilst i was extremely upset about this inside, i accepted it as i prefered to work rather than be unemployed, and hoped that eventually when someone left that original site id be able to move into the job.



That was 4months ago, im now still an employee of the company, yet still on this same zero-hours casual cover worker contract, still not got a work uniform as they never gave me 1 despite me asking many many times about when id get it,and still not actually got a paper copy of my contract despite me asking repeatedly for 1!

Over these last 4months ive only been getting an average of 1 day per week work from the company.

Ive had a few times where they gave me a couple of days work per week, other times gone whole week without any work, and so ive been applying for many other jobs anyways.



Normally when they want me to work their work-dispatch control room phone me and ask ''can i work X shift on X day at X site'',
although sometimes my contract manager who is the manager for all the sites in South East makes the call and asks if i can work on X day.

Whilst i would prefer to have a timetable inadvance of my shifts, or get an email asking what days i could work next week, ive so far always been willing to take the calls (majority are in the evening/night),
and have on multiple occasions accepted to working shifts at extremely short notice!

(They phone me at 9pm, and say they need me to get to the site which is 2hours travel away from me, by 10pm that night,
so give me less than 1hours notice, and also expect me to work the nightshift after having been awake all the day!)

However for the past 2-3weeks ive been getting quite fedup with this,
and have started trying to get other temporary work/focus on my hobbies like the gym/enjoy the weather,
and so simply not answering some of their calls at 8pm in the evening (unless i really fancy working that night or the next day).



Tonight i went to the gym&swimming pool at 9pm, so didn't have my phone on me,
and came out at 11:30pm.

When i saw my phone i had 4missed calls between 9pm - 9:30pm (2 from the area manager/2 from the control room) so i could tell they had wanted me to work a shift starting at 10pm,
and also had a text from the area manager saying- ''This is not good enough, ive been trying to contact your for past 2days. Either you want to work for me or you dont. call me asap''.

I replied explaining why i had been unable to take calls that evening, and then stated ''that whilst i do like to work for the company,
as my contract doesn't require me to work any fixed hours or be available to take work-related calls during any fixed hours,
i don't feel that i could fairly be penalised for being unable to take work related calls during times when im not working''.

I then turned my phone off as it nearly midnight and im not in the mood or ok with getting calls from anyone at this time of night, especially not work related calls.



But my question is can i actually be sacked/face any kind of disciplinary action for 'not answering work calls on my personal mobile phone during my own spare time, on days when im not contracted to work'??!

At end of the day if they gave me a work rota with fixed hours id happily work those as i would be contracted to.
However they are basically expecting me to keep my entire life empty, and to be sitting beside my phone 24/7 just incase they choose to call me giving me a few hours notice that they need me to cover a shift!! :@

AnxiousMum

They're not really work related calls though are they? They're calls asking if you can cover a shift, which, as a casual, on call employee (which appears to be what you are hired as at the moment), is what they do! I know it's hard, I used to work on call as a police dispatcher - would get called in for a night shift, sleep a little in the day time and get called at 6pm to work another 12 hour shift starting at 8 pm. It was a perk of the job though that I could let them know what days/shifts I was available for, and could also state I was not available for particular shifts. Of course, if I turned down too many shifts, or didn't take the calls though - I'd be seen as not wanting to work very much, and moved down the list in terms of getting the calls.
You need to get a copy of your contract to see what the real expectations are, and if you can commit to them.

paddedjohn

tell your boss to shove it unless he pays you a retainer for being on call.

purplepardalis

They are taking advantage of you big time. It sounds like a lot of stress for little reward. I would put your energy into finding a new job.

Emmzi

they will not sack you, they just won't offer you any more work.

harz99

Marco86 wrote: »

Over these last 4months ive only been getting an average of 1 day per week work from the company.


But my question is can i actually be sacked/face any kind of disciplinary action for 'not answering work calls on my personal mobile phone during my own spare time, on days when im not contracted to work'??!

:@

You don't work for them as an employee; your not on a permanent,temporary or fixed term contract; you are a casual worker with no on call retainer paid to you, no fixed hours/days, so you can neither be sacked nor disciplined for not accepting their offer of work .

As Emmzi said they will simply stop offering you work if they feel they can do without your services.

steve1980

paddedjohn wrote: »

tell your boss to shove it unless he pays you a retainer for being on call.

That's really helpful advice!

At the end of the day you are employed on a relief basis, therefore you will get a call at the last minute.

All you can do is try to get another job as quickly as you can if you are not happy.

Not sure where you are based but there are jobs in a certain area in East London if you live relatively near.....

sweetilemon

As other people have said they will just stop calling if you turn too many down. I have a casual job for holidays and weekends. Its casual because they dont have to offer work and i dont have to accept. If they need me too accept they pay me £25 on call although never do due to my location but do for other staff. So your either on call and have to accept work or casual and dont. The more you turn down the less theyll call.

cgk1

You are on a zero hour contract - they will (as someone else points out) simply get someone else to take the work, they will not bother 'sacking' you or taking any action, they will simply stop calling.

dark_lady

How is the OP meant to complete a two hour drive in one hour. The calls to come in are too short notice. Is he supposed to break the speed limit or grow wings and fly to get there in time just to keep this non job.
OP who does your employer think you are, Harry Potter?!

harz99

dark_lady wrote: »

How is the OP meant to complete a two hour drive in one hour. The calls to come in are too short notice. Is he supposed to break the speed limit or grow wings and fly to get there in time just to keep this non job.
OP who does your employer think you are, Harry Potter?!

Depends on how much notice the person whose job is being covered gives, as to how long notice the employer can give. A sickie at the last hour is difficult to cover:, I know its something I had to cope with in a previous life as a shift manager for a large company.