Unfair contract term?

[u25kr]

Having survived the latest round of job losses in the UK offshore sector, i have received my new contract. It has a clause which basically states that if i do not stay on if my back to back does not turn up i will face disciplinary action.

Historically it was accepted that if your back to back did not turn up you had to cover his position until cover was found. However this fell out of practice several years ago and no-one was forced to stay on if they did not want to. Now we are on an equal time rota i value my time at home and wonder if this would be classed as an unfair term?

Thanks

[Gargamel]

Feels like quite a specialist question, and one that even in a court might get different answers.

Would be interesting to know what advice your firm have had, that make them think this is ok.

[rog007]

Without knowing the full details of your role it will be difficult to comment. If for example your role is linked to a key activity that requires constant attention without breaks for safety reasons or is maybe linked to a national infrastructure or security product then there may be grounds. If it's not such a high profile issue then it may be not so enforceable.

Have you spoken with your line manager or maybe a union or professional organisation rep?

Keep us posted on developments.

[u25kr]

My role could be considered safety critical which is fair enough. However one of the criteria to allow us to move to an equal time rota was to ensure there was adequate cover for safety critical roles, so even if my back to back does not turn up there will be someone on the platform able to provide cover, (if not then our risk assessment has failed). This appears to be a blanket "you will stay on" even if cover is available. That aside the contract term applies to all operations personnel, so your standard operator has this in their contract as well.

I don't plan on rocking the boat over this but will mention it to my manager when i have an opportune time. It has been discussed amongst ourselves and the general consensus is that we would still refuse to stay on will see how management responds to that.

[anonymous-user]

Sounds like cost cutting, no one available any more on a standby basis if your back to back doesn't show. I had this in my contract in Africa 10 years ago, only two of us, in a specialist role, no one to step in if back to back didn't show.

[u25kr]

An update for those that are interested

I spoke to my manager about it and he basically said that although they could enforce the contract term, they know that the person could then go to the medic and declare themself unfit to work, so it doesn't get them anywhere. It was said that management would rather shut down, (the rig), than enforce the contract.

We will see next week as we have had so many absences it is unlikely we will be able to provide cover over the Christmas period

[Du1point8]

u25kr said:

An update for those that are interested

I spoke to my manager about it and he basically said that although they could enforce the contract term, they know that the person could then go to the medic and declare themself unfit to work, so it doesn't get them anywhere. It was said that management would rather shut down, (the rig), than enforce the contract.

We will see next week as we have had so many absences it is unlikely we will be able to provide cover over the Christmas period

My father has always stayed on to cover... but then again the rig shuts down if he is not there or the back to back is missing, he's specialist and is multilateral driller, so only one on the rig at a time.

[AyBee]

Any chance of increased pay or extra time off - i.e. they need you to stay on, 2x pay for that extra time staying on, or, every extra week means you're back a week and a half later?

[Du1point8]

AyBee said:

Any chance of increased pay or extra time off - i.e. they need you to stay on, 2x pay for that extra time staying on, or, every extra week means you're back a week and a half later?

The issue would be that in the current state of the industry they have op over a barrel, refuse or demand excessive amounts and they will replace op with someone else willing to do it, but do the job and you can sort them out later when the industry goes back up.