My employer wants to change my contract

[peachybabe]

I have worked for a local authority for the last 30 yrs. In October 2005 I offically took on a new post within the same authority, doing a job which I had done as "a favour" since 1999. The job includes being available for callout 24/7, and making decisions about peoples lives and property, and sometimes spending large amounts of the councils money if necessary. My manager at the time could find no council policy regarding retention or callout payments, and on the advice of Personnel, awarded me a 7 1/2% shift allowance in recognition of the fact that I would be available 24/7 to come out to deal with problems. This I have consistantly done, all hours of the day and night, 7 days a week. Often doing 12, 24 or the worst time was a 39 hour callout! I have been very dedicated and worked hard as I enjoyed the job.
Personnel have now come to me today, telling me that I must sign a new contract as the shift allowance does not conform to council policy, although they can not show me this particular policy in writing. I have had no disscussions or consultation regarding this. Their attitude basically is sign it or leave.
Is there anyone out there who is up on employment law who can tell me where I stand?

[Velvetee]

Do you not have a Union Rep you can discuss this with?

[buildersmate]

How does the new contract differ from the current arrangement that you work - in respect of pay and in respect of your requirement to be available on call-out?
I guess I am asking whether you are being required to do the same work as now for -7.5%, or no more call-outs, also for -7.5%. Or indeed neither of those permutations.

[peachybabe]

The union are coming to an informal meeting next Tuesday with both myself and my manager (who I add is being supportive but is a bit weak) but the rep is fairly new and inexperienced, and I'd like to know if there is anything I can throw into the pot that the union might miss when we actually meet with personnel at some time.

[peachybabe]

Buildersmate - They would still require me to be on callout just as before. But it would be for a flexibility payment of �99 per month against approx. �250 per month that I get now.
Believe me, if you knew what the job involved, I earn that money! and oters agree with me!
As for change in conditions, your guess is as good as mine at the moment!

[buildersmate]

Well the legal answer to your question is, yes, an employer can change the terms. It must consult with you over the changes but if at the end of the day, if you can't agree, it could terminate the existing contract giving you your notice period (which for your service would mean 12 weeks notice or longer if something specifically longer is written into your contract). It can then offer you a new contract. Your retort to that could be to resign and claim unfair dismissal but I don't reckon your Union friend will recommend that.
Hear what they have to say and why, then I'd try and negotiate a compromise. Just because the employer thinks �99 is a good figure doesn't mean it is, or that you have to accept it. Bizarre that, I thought - a figure of �100 sounds so much better than �99. Must a Local Authority thing - haven't got a clue about negotiating tactics.
Your other tactic (but I suggest you discuss with your Union friend the implications) is to say no - take the whole amount away and you won't do the flexi-work. You need to think very carefully whether they need you more than you need their money - they might take you up on it. Work out just how damn inconvenient that could be for them.

[Folker]

This sort if issue can get complicated. Get your unidn rep to contact his regional officer who will give proper advice. If it is UNISON they should know what they are doing. Don't accept anything at the meeting - come away and look at what is proposed. Nobody is going to give you anything.

[thugulike]

There has been a recent tribunal decision about staff available on call, regarding WTR. Surely you can't be on call 24/7, That would mean you could never have a drink or go out. Doesn't sound reasonable for me. I wouldn't agree to anything at the meeting. Say you need to consider any offer and if necessary speak to a (Unison?) Regional officer if your rep is inexperienced. I am really concerned about this, especially for your welfare.

[peachybabe]

thugulike - yes, over the last 10 yrs I have lived a very sad life! No alcohol, being careful where I visit (for driving time back) and have even come out when I was officially sick or on leave! As I said I have been a very sad (and I admit) stupid person. But over the last 2 yrs, I have changed.

As they would not pay overtime, I had incurred 177 hrs lieu time in a year which they refused to let me have (shows the number of times I was called out!) I DID actually take it over the last 2 yrs, leaving work when a piece of work was finished, and not starting anything else..

I think this is why I am so angry at the way they are now treating me. They obviously have no regard for loyalty of concientiousness. I feel like they are s$&*�*"g on me from a great height!

[buildersmate]

So was my answer helpful then?

[DaisyMae]

Buildersmate your answers are always helpful, if not immediately acknowledged by the original poster. But the in this instance she has a lot on her mind and can be forgiven for neglecting to see that your post was full of very good advice.

[peachybabe]

Buildersmate - Sorry, just got back from a meeting!
Yes, very! I would love to say that I won't do call out any more, but it;'s in my contract. I just think that they are, and have been abusing that fact.

My withdrawing my "goodwill" might have had an effect 2yrs ago when I was doing the job on my own. But I was off sick for a year, and in the meantime they got 5 more people in to do my job! (Sounds like an urban myth, but is absolutely true!!) I think this is just one of the reasons I am so disgruntled. They have taken the proverbial for all that time, and now that they have others to do some of the work, they're trying their hand!