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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47914
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have an emergency phone that staff get paid to take out

Resolved Question:

We have an emergency phone that staff get paid to take out of hours.The question is: there are 9 office staff at LAL London/SS, how can we make sure everyone takes the emergency line? 9 people means each one would handle the emergency line once every two months, so it would not be a burden to anyone. At the moment we only have 3 people doing this and they have to come to the school on Sat/Sun, which is a real inconvenience.Can we make all staff take the phone? JD's state any other dutues required could it fall into this category? Is there a legal risk if we enforce this
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello what is required of them if they take this phone?
Customer: replied 1 year ago.
they respond to any emergencies and on weekends check students in and out of accomodation.Could we make it compulsary mon to thursday or can we make it compulsary for the weekends as well?They get paid for their time and it is only a few times a year they have to do this
Customer: replied 1 year ago.
at the moment 3 staff take the phone which is unfair we want all staff to take a turn which effectvely means once every 2 months they have the phone and would have to work that weekend. We need this to be compulsary though, at the moment this is not specified in their contract. But JD's state any other tasks and willing to work out of hours when required
Expert:  Ben Jones replied 1 year ago.
If you wanted to make this a permanent and compulsory thing then you really need to think about changing these employees’ contracts to include that in there. The clause you have at present is there to cover emergencies or occasional times but once it becomes a permanent feature and there is a rota in place then you really need something that specifically covers that in their contracts. There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:· Receiving the employee’s express consent to the changes.· Forcefully introducing the changes (called 'unilateral change of contract').· Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms. So ideally you should consult with the affected employees and try to reach an agreement over these changes. If no agreement can be reached then you may have to consider forcing these changes through. This is your basic legal position. I have more detailed advice for you in terms of the options you have to force the changes through, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. So as mentioned you may have to force the changes through. For employees with less than 2 years’ service this will be easy as they are not protected against unfair dismissal so you simply need to make the changes and they will either have to accept them or leave and if they leave they cannot challenge it. For those with more than 2 years’ service you have to be a bit more careful. They way to do it is to give them notice under their current contract to terminate their employment and then once that happens to re-engage them on a new contract with all the changes. Hey could try and claim unfair dismissal but if you can justify that this was a necessary thing to do then you could defend that if it comes to it.
Customer: replied 1 year ago.
Thanks thats great, I may need to come back to you on this at a later date if thats okThanks again
Expert:  Ben Jones replied 1 year ago.
Yea of course just start your question with my name and it will get to me