Implied contract re On call payments

[thecopster]

Hi Guys,

After some assistance.

My Company is looking to remove my on call payments which equate to roughly 25% of my pay without providing me with any further compensation. On call is NOT in my contract of employment but I have been on call for 2 years.

Where do I stand? Some of my colleagues are suggesting that it is implied to be part of my contract due to the amount of time I have been receiving these payments.

Thanks

Edited by thecopster on Tuesday 8th June 10:26

[Soovy]

thecopster said:

Hi Guys,

After some assistance.

My Company is looking to remove my on call payments which equate to roughly 25% of my pay without providing me with any further compensation. On call is NOT in my contract of employment but I have been on call for 2 years.

Where do I stand? Some of my colleagues are suggesting that it is implied to be part of my contract due to the amount of time I have been receiving these payments.

Thanks

Edited by thecopster on Tuesday 8th June 10:26

If it's a non contractual benefit they can pull it.

Edited by Soovy on Tuesday 8th June 10:27

[Pabl0]

Are they pulling the payments and expecting you to still be on call or are they removing the need for you to be on call too?

[thecopster]

Pabl0 said:

Are they pulling the payments and expecting you to still be on call or are they removing the need for you to be on call too?

I have been promoted via a company re-org into a position that does not require me to be on call anymore.....

[illmonkey]

thecopster said:

Pabl0 said:

Are they pulling the payments and expecting you to still be on call or are they removing the need for you to be on call too?

I have been promoted via a company re-org into a position that does not require me to be on call anymore.....

Errr...

[thecopster]

I can see the point of view of now I am no longer doing it I shouldn't get paid for it. But I was forced out of doing it - it wasn't by choice. Would you accept a promotion based on the fact that if you took it you would get a 25% pay CUT! As that is essentially what i am being forced into.

My package as a whole is good with my on call but well below industry standard without it. I would have expected an offer of say 40-50% of my annual on call as a pay rise to make up for my loss of earnings. After giving the Company years of my service I would have expected some loyalty but hey ho thats the World we live in I guess.

Thanks for clearing up the bit about implied contract.

Looks like I'm off to Jobserve....

Edited by thecopster on Tuesday 8th June 10:44

[Soovy]

Sounds to me like you either need to

(a) negotiate a pay rise; or
(b) stick with your current position

[thecopster]

Soovy said:

Sounds to me like you either need to

(a) negotiate a pay rise; or
(b) stick with your current position

Agreed as I stated above if I was offered 40-50% of my on call as a pay rise I would be more than happy just don't think it will happen.....but I am trying

[Soovy]

anonymous said:

[redacted]

This.

Explain to HR that you want the new position, but that you'll be out of pocket.

They'll likely make it up on your base.

[Liszt]

It is not unkown for people to turn down promotions when they lose additional payments such as over time or on call. It is normally compensated for by an increase in salary.

Is it a real promotion as in more responsibility and authority, a change of role or just a change in title to stop the payments?

[Soovy]

Liszt said:

It is not unkown for people to turn down promotions when they lose additional payments such as over time or on call. It is normally compensated for by an increase in salary.

Is it a real promotion as in more responsibility and authority, a change of role or just a change in title to stop the payments?

Sounds to me like the OP is getting dogged here.

"We're promoting you, congratulations. Here's your new job title. Oh, no more overtime".

"f ck"

[thecopster]

Looks like I'm off to Jobserve....


[/quote]have you actually asked them to make up your money so you don't lose out ? And properly, not just half a stumbling word with your line manager ? If I could get away with paying someone too little, I'd do it. When they asked for a due pay rise, I'd be asking why it took them so long....
[/quote]

Yep. I work for a massive multinational so I have followed the process.

My line manager is now taking it up with his Service Level Director so lets see what happens!

[thecopster]

Soovy said:

Liszt said:

It is not unkown for people to turn down promotions when they lose additional payments such as over time or on call. It is normally compensated for by an increase in salary.

Is it a real promotion as in more responsibility and authority, a change of role or just a change in title to stop the payments?

Sounds to me like the OP is getting dogged here.

"We're promoting you, congratulations. Here's your new job title. Oh, no more overtime".

"f ck"

This nail head hit.

[thecopster]

anonymous said:

[redacted]

Sorry I don't undertstand how this makes it contractual for other people? As this has happened before to other people.... Does this mean it could be contractual for me?