UK Employment Law and loss of money due to removal of on call duty????? Please Help!

Question

Can anyone please tell me if my firm are breaking any employment laws?

Since April 2005 I have participated in the on call rota system. As from April 2006 I have been paid £25 per on call (approx. 10 -15 on calls per month).

I have become reliant on this money and around 2 weeks ago with only 1 weeks notice the on calls were taken away from me because they no longer have the money to pay people.

I have lost about £4000 a year.

They have since changed the on call and now instead of covering one service allocated service managers will cover 7.

Do you think that I have a case against them???

Are there any legal obligations to reimburse my losses?

They have no concerns about my performance yet they have taken away this duty.

Please help if you can.

Thanks

Answer 1

Jake T is right....contact acas asap.

Answer 2

This is complex because the legal question goes to the contractual right.

You might be able to assert that since the payments have been made over a significant period of time, they have become an acquired right and therefore a term of your contract.

Even if you were to succeed with this argument in the tribunal, it may well be that the employer would still have the right to withdraw the arrangement, but with proper consultation and notice.

I suggest you contact ACAS through their web site.

Answer 3

Have you a contract of employment if so what does it say about on call? Probably as and when required. If this is the case then you are no longer required and if this on call is not included in your baisc hours of employment I doubt whether you have legal any comeback on your employers. However don't take my word for it but speak to your union rep or seek legal advice.