Forced to accept Changes to terms and conditions

[Doingmybest]

Hello, I'm looking for some advice please. Sorry in advance for what maybe quite long winded.

 

I have a substantive contract with the NHS and I work Monday to Friday 9-5. I have worked for the NHS since 1997.

I also have a zero hours contract with the county council for whom I receive a payment as long as I participate in a rota. The work I do for the council takes place during my NHS working hours. (I started this role about 3 years ago).

 

The council pay my particular department to provide and manage this service. It is what is called a joint integrated service.

 

Some of my colleagues that are on the rota are employed and paid by the council but are managed by the NHS so they have 1 contract of employment. I and 2 others have 2 contracts.

 

The problem is that like everywhere, there are a lot of changes taking place and the main one is that they want the rota to cover 24 hours which will mean that I have to perform standby duties, and I have been told that I am required to accept this change. There logic is that there has been a consultation period and everybody's views have been heard and taken on board but the changes will take place.

 

I have asked questions regarding pay and other issues which have not been answered.

The management have informed us that they have clarified my contractual relationship with the council as they pay me separately for the extra role, they also ad that it has an 'Unequivocal' relationship with my wider contractual obligations with my main role (with the NHS).

They make the point that if I withdraw from my extra role with the council that it would be seen as me withdrawing from my substantive role with the NHS. - Nowhere in my council contract does it talk about any links with my main job. It is very clear in the contract that it is a stand alone zero hours contract where I will receive a payment for participating in a rota during 9-5 Monday to Friday.

 

What I have been told is that I can only leave the rota if they allow me to and only with good reason, and if I refuse to participate in the rota and accept the new working conditions this would affect my main employment. They say that they have received advice from a barrister regarding this!

 

I'm not convinced they have a leg to stand on as they are essentially forcing a dramatic change on me which I don't seem to have much say in. Especially as I have not a lot of choice in the matter. Any ideas please?

[Emmzzi]

I dont understand how you can be employed and paid by one employer but also employed and paid by another employer during the same working hours unless you have a clone. Can you explain more please?

[Doingmybest]

I dont understand how you can be employed and paid by one employer but also employed and paid by another employer during the same working hours unless you have a clone. Can you explain more please?

 

I know, it is confusing and I'm struggling to give as much info as I can without identifying myself.

 

The council are obliged by law to provide specific services to the public. They pay money and provide staff to the NHS to manage that service. I undertook extra training to be able to undertake this work and the council pay me to do it. This is seen as additional duties and not another job. The NHS agree for me to be on the rota and undertake these duties once or twice a week. The money from the zero hours contract is not hourly, I just receive a nominal payment for doing the council work.

 

I hope that's clearer.

[mariefab]

I can see where they will be getting the 'unequivocal relationship' from.

After all the NHS do more than agree for you to be on the rota during the hours that you perform the duties required by the council.

The NHS also pay you for those hours.

 

If you want to avoid being on a 24 hour standby rota for the council work, you need to come up with a good reason.

Do you have childcare responsibilties, or some other equally good reason, which would make a 24 hour standby role impractical?

[Doingmybest]

My partner works night and late shifts. If I was to do the standby it would have to be when she was not working which would affect our family life.

[Emmzzi]

Great. Get a formal flexible working request in before your colleagues do!

[mariefab]

While you, and I, consider that a good reason your employer probably won't agree.

As your employers are taking legal advice on this the sort of reasons they'd be looking for to permit you to opt out of the 24 hour standby would be caring responsibilities outside of your normal working hours.

That said, you've got nothing to lose by raising it.

[mariefab]

Have I misunderstood?

I thought that you meant that you would have less time to spend with your wife.

Do you look after your kids while your wife is at work?

[Emmzzi]

Sorry I assumed there were kids to look after?

[mariefab]

Looking again at #5 Emmzzi, it could go either way.

Hopefully Doingmybest can clarify.

[Doingmybest]

Yes, we do the child care between us. That's why I do the 9-5's so that our work can fit around our family life. I couldn't be on standby's when she was at work and the only time I could do it would be when she wasn't which would interfere with our family time, kids out of school activities and our time as a family together. I'm not entirely sure they would be sympathetic any ways. They have changes to make and they want to make them.

[mariefab]

Excellent, follow Emmzzi's advice and get a flexible working request in pronto.

You'll find the form on this page:

 

http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10037051

Edited August 20, 2012 by mariefab

[Doingmybest]

Thanks all for the help. I'll certainly take your advice and let you know the outcome.

[mariefab]

You may want to send a request to both employers, to be on the safe side.

Also, send them either by recorded delivery or another way that records the date of receipt, so that you can make sure that they stick to the correct timescales.