Is this unreasonable ?

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OP
OP
colly

colly

Re member eR
Location
Leeds
Are the call outs classed as overtime? IIRC, Employers cannot force employees to take on overtime, but can ask them if they are able to do it. If this is the case, and he is effectively accepting overtime which is having an impact on his normal hours, then I could conceivably see why they are asking him to make up the 'standard hours' that he's missed.
I don't think it's classed as overtime. For each call thats attended a set fee is given
So if its 10 mins down the road and take 10 mins to complete they get the same fee as if it's 90 mins away and takes 3 hours.
To be fair it's a generous fee especially at weekends but thats to take account of the interruption to family life etc and the fact that he has to work a normal week at the same time.
As l understand it the emergency call outs are not compulsory. They can turn them down.
 

irw

Quadricyclist
Location
Liverpool, UK
I don't think it's classed as overtime. For each call thats attended a set fee is given
So if its 10 mins down the road and take 10 mins to complete they get the same fee as if it's 90 mins away and takes 3 hours.
To be fair it's a generous fee especially at weekends but thats to take account of the interruption to family life etc and the fact that he has to work a normal week at the same time.
As l understand it the emergency call outs are not compulsory. They can turn them down.

That may be the crux of it- it sounds like it may be treated as 'overtime' from a WTR point of view, and the company are a little peeved that he's taking the well-paid call-outs at the detriment of contracted hours (I know I would be if I was in their shoes- not that I would be, as I look after those I'm responsible for!)- it's a little while since I last had a read of the WTR (I've had decent employers for the past few years, so not needed to wield it!). Here's a link to the full regs:
http://www.legislation.gov.uk/uksi/1998/1833/contents/made

I'm pretty sure there's something somewhere in there about if 11-hour breaks are infringed, the employer should take reasonable steps to ensure the safety/wellbeing of the employee, but quite how this would slot into the situation as described, or the legality/morality of them saying he now owes them the missed hours, I'm not sure. Really someone at the employer end should probably be looking at when he's due to work next, and not giving him the option of doing the call-out if, for example, it means he's only going to get a few hours sleep before the next shift starts. Either that or they should say something along the lines of 'Bob, we really need you to do this call out- if you're able to take it, come in at midday instead of 8am, you'll still be paid a full day'.
 
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srw

It's a bit more complicated than that...
This is why unions exist. The employer has a normal practice which is probably legal but is undesirable. Individuals aren't in a position to challenge the practice but collectively they might be.

If the OP's son hasn't joined a union yet, now might be a very good time.
 
OP
OP
colly

colly

Re member eR
Location
Leeds
I help my lad with his letter to HR last night so we will see what comes of it. The call outs are part of the contract so they are compulsory after all.
 
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