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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, at the moment I have to carry out 24hr call out 1 week

Resolved Question:

Hi, at the moment I have to carry out 24hr call out 1 week in 4. I no longer want to do this. Call out is not mentioned in my contract of employment but there is a paragraph as follows.
" A list of the main functions and duties that you are expected to perform are contained in a job description which is available by request from the company."
I have obtained this job description and there is a line saying, "Work on an on call rota in agreement with Estates Manager/ Officer."
My question is. Is this legally binding as it is not actually something I have signed for in my contract of employment. I have never been shown this job description before. If I were to refuse to do the call out and were then fired would I have case for unfair dismissal.
I hope you can help me with this query
Thankyou
Regards
John
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

I have been employed there since 01/01/2014. The company is ISS a multi million pound facilities services provider and I carry out maintenance at Newham General Hospital.

Ben Jones :

If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). So in the circumstances they could ask you to do things even if they are not in your contract, although you have the right to refuse. Should the company become unhappy with your response or refusal to do as asked they can then very easily just terminate your current contract by giving you the notice period stated in it (or a week’s notice if no notice periods is mentioned) and it will bring the current ar5rangements to an end. They can then issue you with a new contract containing the new terms and you can then either accept it or refuse to do so and it will mean your employment with them would be terminated. Due to the length of service you will unfortunately not be able to claim unfair dismissal or challenge this.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news from time to time. Please let me know if you need me to clarify anything.

Customer:

Ok, thankyou. You're right that's not what i wanted to hear, but I do need to know how I stand legally. So thankyou for your help.

Customer:

Best regards

Customer:

John, sorry kept inadvertantly hitting return!!

Ben Jones :

you are welcome and all the best

Customer:

Could i just ask if i had been in this employment for over 2 years would i be able to refuse the call out? I shall then leave you in peace!

Ben Jones :

How long has this arrangement been in place for?

Customer:

About 6 years that call out has been carried out in the Hospital

Customer:

Don't worry I won't take up any more of your time, I don't think I can face staying here until January anyway, I think i'll just go soon anyway.

Customer:

Thanks, ***** ***** very helpful, best wishes, John

Ben Jones :

ok you re most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45327
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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