On Call Hours?? Legal??

polo2k

Hi,
I posted about my debt Issues in the Debt Free Wannabe Section.
Now from my post some people took some interest in my working hours and question there legality.

I work as an IT Manager
I work Monday to Friday 8am - 4pm
I also work 24/7/365 on call. (includes holidays)

Now my Salary is 16k + 400pm Extra for on call.

I have worked here for 2 years and i have been a Manager for nearly a year.
I have done 27/7 on call for nearly a year now as well.
It has its limitations (ie, i cant drink etc etc)

In adition to that it is just a flat rate £400 a month, no payment for petrol, phone, internet etc etc are made on top of that.

Now people in the other forum have been quizzing the legality of this and questioning if my employer is breaking the law....

It has been suggested that i ask you guys around here for an answer.

Thanks!!

Chris

alwaysonthego_2

yes they are breaking the law one of your statory rights is 4 weeks holidays, free from working

see this for more info. You should ring acas or visit your local cab

polo2k

I do have 4 weeks holiday a year, but during this time i can still expect phone calls....

alwaysonthego_2

polo2k wrote: »

I do have 4 weeks holiday a year, but during this time i can still expect phone calls....

then how can this be classed has an holiday. You can not go away if you are on call and you can't relax in a evening. I am surprised you have put up with it so long considering it is having impact on your life

polo2k

Well, sorta, i went to florida last year and just did telephone / txt support.

But thinking about it now, they still didnt pay for phone bill, internet etc etc when i was over there.

alwaysonthego_2

polo2k wrote: »

Well, sorta, i went to florida last year and just did telephone / txt support.

But thinking about it now, they still didnt pay for phone bill, internet etc etc when i was over there.

but you shouldn't have to put up with being disturbed whilst on a break, cover should be provided and also for some of the evenings. If you owned the company it would be expected, but you don't and it is not fair. What does it say in your contract

brazilianwax

You also get the £400 per month even if you aren't called. Are you saying your costs of calls/internet while on call are more than £400 a month?

My OH works in IT for a small company. He is always on call too. I'm an HR Manager, but when I point out the issues he just says "that's the IT industry for you" :rolleyes:

polo2k

Phone bill for florida was £340

I get the 400 regardless, but looking at the diary i have not had a night in about 4 months where the phone hasnt rang....

So, by the looks of it i need to hit them with the law?

bestpud

How often, on average, do you get called and/or have to respond with some form of action?

I'm sure it can't be legal! My OH is on call one weekend in four and gets £30 extra for it. But he is also paid a flat rate if he goes in and an hourly rate on top of that if it takes a while to sort out the problem.

They always swap the on call rota if one of them is on annual leave, so they won't be called then. He isn't a manager but I can't see that makes any difference.

If it's something which is the 'norm' in the IT industry though, it will be more difficult for one person to fight it. But, that doesn't mean you should accept it either though!!! Just be aware it may involve a bit of a battle.

polo2k

last week, every night between 10pm and 3am, more than once.
On two days also had to do a drive out.

The rest was fixed from home.

bestpud

I'm amazed you haven't fought this before, or that you're still standing to be honest!!!

Everyone needs a break - it cannot be doing your health any good to be constantly getting called like that.

They're taking advantage of your willingess to do it and they must surely know they are breaking loads of employment rules?