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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47870
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My company has recently merged with another and therefore produced

Customer Question

My company has recently merged with another and therefore produced a new contract for me to sign. I have queried a specific policy in this relating to on call.
The new merged company expects me to participate in a Duty Manager on Call rota. My new contract states that I may be required to be 'on call from time to time'. As my role as Project Manager I am essentially available 24/7 anyway for my own projects.
I do not want to participate in the Duty Manager rota. I have therefore not signed my contract (4 months old now). Am I in the right to refuse to be part of the Duty Manager Rota or does the fluffy clause saying on call from time to time cover this?
Also as it is unsigned where does this leave me generally?
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.How long did you work for the old Company before the merger?
Customer: replied 2 years ago.

Hi Ben

Well I worked as a Contractor beforehand from August 2014. I was then forced into a Staff position on 23rd February 2015. It was approximately 6 weeks later that the official merger was complete and I was asked to sign a new contract. So I was still in my 3 month probationary period when asked to sign the new contract.

Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. Your rights may not be as extensive as you may wish them to be in this situation I’m afraid. The main issue is your length of service. 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 what that means is that the employer can ask you to adhere to the new contract, even if it is unsigned, and if you refuse they could seek to terminate your previous contract simply by giving you the required notice under it. They can then re-employ you under the new contract, whether you agree to it or not. If you do not wish to be bound by it then you can refuse it but they could simply refuse to re-employ you at all and terminate your employment. So they have the upper hand in this as even though you have rejected the new contract and not signed it, they could easily terminate your previous contract and then re-employ you legally on the new one, unless you refuse it in which case you would be dismissed.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.