standby

courtj86

I work as an electrician I've been with my company for 6yrs.they have won a new contract that expects a breakdown response 24/7.my company has now put us on a Rota in which I have to be on standby 1 week in every 8 weeks.we get £25 for taking the call and time paid on the job.we don't get paid once my daily shift ends I.e if u don't get called on ur rest periods u don't get paid even tho I'm available to take the call.my company says standby money is already consolidated within my wages,but I've never seen this broken down I'm my wage slip.my complaint is I don't want to do the standby,nothing has been negotiated, I think.that on my rest periods I'm available for FREE, and after my daily shift am I not intiltiled to 11hrs rest, ANY HELP WOULD B GR8
7.5!Standby Arrangements ! You may be required at some time in the future to participate in a standby rota, the frequency of which may be revised without compensation, to be determined by operational requirements, details of which will be provided by your manager. ! For the avoidance of doubt, any standby arrangements do not form part of your contract of employment and may be amended from time to time at the Company's discretion

SarEl

I have read this three times and I am still not clear what the issue is, but I think it is as simple as saying that you do not wish to do standby at all, under any circumstances. In which case, I am afraid the answer is that if "7.5" is a copy from your terms and conditions of employment, then you must do standby and that is the end of the matter. Truthfully, even if it isn't, I doubt you have any grounds at all to refuse and remain in employment.

Provided any hours that you work do not take you below the national minimum wage, then it is something of a red herring whether it is or is not consolidated in your wage - it's completely irrelevant. You are paid to do a job. That job includes a requirement to be on standby as and when dicatated by the employer.

The issue of working time is entirely separate, but it is certainly not quite as simple as "you are entitled to 11 hours rest after each and every shift". There are provisions for compensatory rest where someone must work, and provisions for various exemptions where compensatory rest is applicable, one of which is "where there is a genuine need for continuity of production/service around the clock, eg. hospitals, residential institutions, care workers, press/tv/film/radio, public utilities, industries where machinery must be kept working 24 hours a day, research and development activities, agriculture".

It does not seem to be in evidence that the employer is in any way breaking the Working Time Directive and until they do then you have no cause for complaint. I am afraid that business needs are such that changes are necessary, they are changes within your contractual obligations, and therefore they must be complied with.

xxJudexx

so your employer is saying that while you are off you have to sit around at home just in case you get a call? Surely your own time is just that, time in which you can spend as you please? So the times you are on call you cannot go for a night out or visit a friend in another town just in case? I don't know the legalities of it but I would be peeved too!

Bigmoney2

xxJudexx wrote: »

so your employer is saying that while you are off you have to sit around at home just in case you get a call? Surely your own time is just that, time in which you can spend as you please? So the times you are on call you cannot go for a night out or visit a friend in another town just in case? I don't know the legalities of it but I would be peeved too!

but 'on call' isnt strictly your own time, you are required to work if needed.

It is common practice in some industries.

courtj86

yes Jude that's my issue it's makes me sick to think that I can't go out have a drink or be to far away from home whilst on standby , and my company thinks it's fine not to pay me any inconvenience money. they can't even show me where they say that standby money is consolidated in my wages

Takeaway_Addict

courtj86 wrote: »

yes Jude that's my issue it's makes me sick to think that I can't go out have a drink or be to far away from home whilst on standby , and my company thinks it's fine not to pay me any inconvenience money. they can't even show me where they say that standby money is consolidated in my wages

It makes you sick really? Melodramatic?

Its one week only in every two months and its in your handbook.

Your wage has always included this possibility so you don't really have an arguement as far as I can see.

ohreally

How will the calls be forwarded to you - not by mobile phone?

Are you unionised?

http://forums.moneysavingexpert.com/showpost.php?p=15835121&postcount=8

RichardD1970

courtj86 wrote: »

yes Jude that's my issue it's makes me sick to think that I can't go out have a drink or be to far away from home whilst on standby , and my company thinks it's fine not to pay me any inconvenience money. they can't even show me where they say that standby money is consolidated in my wages

Nice to see the order of your priorties.

Seriously, a lot of people have to endure the same and there is no guarantee that you will be called, you'll just have to resist having a drink when on standby, think of the money you'll save.

courtj86

yea one week in eight for now but this is a long contract it can easily change to one in two. yea I'll be Contacted my my works mobile phone, I'm a member of unite

Takeaway_Addict

courtj86 wrote: »

yea one week in eight for now but this is a long contract it can easily change to one in two. yea I'll be Contacted my my works mobile phone, I'm a member of unite

Presumably there are 7 others then that are covering as well? Will they join you in negotiation better terms because frankly if they won't whatever the union says it is likely to be futile

courtj86

yea I now lots of people have far worse jobs, but I have a life outside of work.if I went for a job n they said u would be on standby I wouldn't do it n if they said u won't be getting paid , then I would work in a charity