Duties span over 60hrs but paid 45hrs

[Boogler]

Hi,

 

Wierd one this and as yet not found an answer anywhere.

 

In an area manager and I am paid for 45hrs per week, at times required operatinally for the business. Alongside my managerial duties I am 'on call' and must to go out between the hours 0600-1800 mon-fri and attend call outs when asked to (no notice- just a phone call to go somewhere) within those hours. This happens around once a week but can be more. Because I am often at home when these call outs occur (i am on 45hrs remember) I find it a concern that I have to be avaliable for 60hrs at least per week but paid for 45hrs.

 

My duties also extend beyond the 60hrs I am expected to attend these call outs.

 

From guidance I have read if it wasnt the fact I am at home they would have to pay me 60hrs a week but its not that I can do anything during those hours between 45-60 because I may get called out.

Any advice?

[renegadeimp]

What does your contract state.

[Boogler]

What does your contract state.

 

'45hrs per week depending on the needs of the business' so while its supposed to be flexible it does not escape the point I am tied to the company for 60hrs (0600-1800 mon-fri) not including the 'out of hours' working I am expected to do as part of the 45hrs per week

 

I love my job bar this sticking point, hence why I dont want to cause upset. My line manager knows I am unhappy about it, the reply being 'thats the way it is'.

[topcat1802]

Do you get paid anything for being 'on-call' for 15 hours per week?

[Boogler]

Do you get paid anything for being 'on-call' for 15 hours per week?

 

No.

[Boogler]

Checked my contract, no mention specically of doing this 'on call' duty, however I have a feeling they will say 'any call outs are included in your 45hrs, as per the 45hrs to suit the needs of the business'

 

I have a feeling this is a way of having their cake and eating it. I have been told it is not financially viable to recruit an additinal person to do this 60hr job specifically.

 

Do you think its reasonable to ask for a supplement for the extra 15hrs per week? Or pay me for 60hrs per week and I will work those 60hrs? I suppose they wont agree to do the latter because my hours would then be set and I could refuse to do the out of hours working I am expected to do.

[hightail]

Do you/the company keep some record of your extra hours? I ask because I've had a job where the hours were extremely erratic but they were recorded and tracked and once every six months I ended up with extra time off in lieu if they'd gone over.

[becky2585]

On call time is not working time, so unless your contract says otherwise, you aren't entitled to pay.

 

They should pay you for time when you're actually called out to work though (unless your contract expects you to work reasonable overtime without additional remuneration). But what is classed as reasonable is highly subjective!

[topcat1802]

Have you signed anything opting out of the European Working Time Directive?

In general the Working Time Regulations provide rights to:

• a limit of an average 48 hours a week on the hours a worker can be required to work, though individuals may choose to work longer by "opting out"
  
• 5.6 weeks' paid leave a year
  
• 11 consecutive hours' rest in any 24-hour period
  
• a 20-minute rest break if the working day is longer than six hours
  
• one day off each week
  
• a limit on the normal working hours of night workers to an average eight hours in any 24-hour period, and an entitlement for night workers to receive regular health assessments.
  

There are special regulations for young workers, which restrict their working hours to eight hours per day and 40 hours per week. The rest break is 30 minutes if their work last more than four and a half hours. They are also entitled to two days off each week.

Any proposals to change patterns of working are best carried out in a consultative way, explaining the reasons behind such a move and the benefits which may accrue to both the organisation and worker.

 

It may be worthwhile contacting ACAS, their Helpline is 08457 47 47 47 for free support and advice or to check your workplace policies and practices.

[Boogler]

Im not paid anything for call outs because they then state the clause '45hrs a week to suit the needs of the business', i have been asked in by the HR manager (probably because I recently asked for a copy of my contract!) for a chat. I will see what comes of that.