Unfair contract terms?

[21TonyK]

Lets say you work in the public sector where roles and very much dictated by grades and pay scales. The role you are in (Job 1) has a maximum grade but in order to attract the right person job 1 has to be advertised at a much higher grade which means including an element of a second role (Job 2), say 15% of your working time. The contract for Job 2 includes a condition that you are expected to work any reasonable hours over and above your contracted hours to do job 2. Your employer expects you to do that when the workload for Job 1 increases by 40% by passing Job 2 to another person.

Basically your working hours increase by 25% and your employer says that's what you are expected to do.

[21TonyK]

bhstewie said:

What does the contract that the person doing job 1 signed say?

I'm no lawyer but surely that is all that matters.

This is my feeling but the job the person is actually doing (job 1) was put on the same contract as Job 2 so the employer could offer a higher salary. With it came the "reasonable additional hours to do Job 2", not Job 1.

Just seems the employer might be using the contract to their advantage a little unfairly, especially since the actual contract states additional hours to do Job 2, not job 1 which is completely different.

[21TonyK]

SantaBarbara said:

What is the persons Grade? Because it would probably be grade related.

What does the rule book or manual say?

This is the issue. Lets say Job 1's scale goes A-K,Job 2 starts at L and goes to Z. To get the right person they had to change job 1's title and description to include a small element of job 2 so they could get it though as a grade N. They are then applying a specific T&C of Job 2 to Job 1.

Basically pay more than normal for Job 1 but impose an almost unlimited unpaid overtime condition to it when the T&C specifically state that its part of a Job 2 requirement.

I'm sure if job 1 was being paid at grade S or T the overtime would not be an issue.

[21TonyK]

Countdown said:

If I understand your post correctly OP - Job 1 is being paid partly at Job 2 rates to get round the payband limitations. However Job 2 carries the "necessary hours required to do the job" clause rather than paying overtime for additional hours.

First step would be a chat with the line manager. Step 2 would bea chat with your TU rep. Step 3 would be speaking to HR.

Exactly as you understand. Both line manager and HR say clause is applicable but then they've not checked with LA HR.

It's probably going to come to nothing but if they can impose this condition but Job 1 could expand further still to increase by at least a further 10%. At this point we are looking at a 35-40% increase over and above job 1's contracted hours.

[21TonyK]

craigjm said:

You cannot be asked to work unlimited overtime because you would soon fall could of the working time directive. With local authority jobs there is an evaluation model they use to trade etc. If you are not happy with the outcome you can ask for your job to be reassessed and if you can find a comparable role locally then that also helps.

This is half the problem. I think you might struggle to find the same Job 1 role on the same grade even nationally. As for WTD. Teacher contract,

[21TonyK]

Countdown said:

21TonyK said:

This is half the problem. I think you might struggle to find the same Job 1 role on the same grade even nationally. As for WTD. Teacher contract,

If it's a teacher contract is it not limited to 1260 hours per annum? Or are you on Leadership scale ?

UQT, top of scale plus 2xSEN. Theory, 32.5+(reasonable hours for professional duties). No student contact, support role doing 25% over 32.5.