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Original poster

Contract hmmm?

20 replies

jamescagney · 31/03/2008 18:38

I've been working for 3 years. Recently,I've had problems with my workload and areas I've had to cover as they've been extended. I've asked them nicely to look at what I have to do and the response is keep going!
I've checked my contract and it states that I must cover x area not y and z as they are making me do.
Trouble is I've been doing y for about one year and z for 6 months now. does this mean that I must continue to do it as it has become practice?

any info or ideas? I'm meeting with my line manager again tomorrow and want to tell him I'm sticking to my contract only !

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Original poster

jamescagney · 31/03/2008 20:16

not the most exciting topic I know bump!

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smittenkitten · 31/03/2008 20:23

it's probably not helpful to think in terms of contracts and what's enforceable at this stage. Talk to your employer about why the remit has changed and why you're finding it hard to cover the increased remit. why do they think it's do able and what issues is it causing for you?

taking a "I'm only working my contract" approach isn't likely to get you very far. If the work is similar it would probably be a reasonable variation of terms anyway - I suspect the issue is workloads not type of work?

hope that helps?

Original poster

jamescagney · 01/04/2008 08:23

thanks smitten. I met with them last week and they were spectacularly unhelpful. I've said that I can't cover the geographical areas which they want me to focus on, but no dice...

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shhhfloweryisnotreallyhere · 01/04/2008 11:06

james I expect there is a clause in your contract or somewhere about flexibility and their right to change things like geographical area covered.

See here about changing contract terms including these flexibility clauses, and seehere about what you should do if you don't agree to a change.

As you can see, you have left it a bit late to stop this change. If your approach has been after a year/6 months to say you 'can't' cover the areas in question, that's not necessarily your best move.

Are you actually unable to cover these areas? And why? Physically in terms of travelling, or amount of work or something else? Have they raised any performance issues with you about you not managing your workload or anything or are they reasonably happy with your performance in these areas? If you've been doing it for so long I would guess they are fine with what you are doing so far?

Original poster

jamescagney · 01/04/2008 12:32

thanks shhhflowery! my contract says i "will provide a service in the X (geographical) area" and that "from time to time" I'd be required to work outside that area. They've asked me to spend 2 days a month each covering Y and Z and A (A was added on in September). I was out sick September and October back in November and have sought to have this addressed since January. I met with manager today and agreed that I'd stick to my contract in the interim period until this is resolved. Is there anything I can do or any way I can negotiate this? I met with management Friday but they weren't prepared to concede any ground.

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shhhfloweryisnotreallyhere · 01/04/2008 14:40

james obviously I don't know about your job or your situation but 6 days a month working outside your normal area doesn't sound too drastic if I'm honest.

Why don't you want to do it? Why are you being asked to do it - is there a gap in those areas currently, do they need extra support or something - could you see this as an opportunity? Have they asked you over and above others because they think you're good, for example?

I have to say I'm struggling at the moment to see what's such a problem, and if your contract says 'from time to time' work outside those areas, you would still be working within your contract if a fews days each month you are doing just that.

Perhaps if I could understand what the problem is with doing what's being asked of you it might be easier to advise you how to go about negotiating.

Original poster

jamescagney · 01/04/2008 21:25

I'm the only person covering the region. I'm part of a government service (it was recommended that we'd get 300 staff & we only got 70). Because of this, I was to focus intensively on X and only respond to quite serious cases outside of X. However, now I'm being asked to focus intensively on X,Y, Z and A while still responding to those cases outside these areas. I reached our definition of capacity with my workload by Xmas despite being off sick for 2 months Cases of all kinds, ones in X, Y,Z and A are queueing up as well as serious ones outside.I've asked management for help with this, as I can't respond to the workload now, and I know that things will only get worse (the job I do is school related and historically the workload takes off this time of year).
I've asked which cases can I prioritise- the really serious ones regardless of whether they're in my X,Y,Z and A areas or not, or the really serious ones regardless of location. They won't give me direction on how to handle the caseload or assist with case selection. I'm prepared to work outside of X but they insist I must cover all the areas above. Sorry this is long, I'm majorly stressing about it. Hope no one's nodded off reading this!

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flowerybeanbag · 02/04/2008 09:17

james I think we've got the problem. It's not about being asked to work a few days outside your normal geographical area, it's workload.

I think you just need to keep at your manager. I would ask for a meeting but prepare yourself completely in advance. Try and get something together about the details of your workload, time you are spending, things you are not getting done, implications of that. Go with facts and figures, rather than just saying you can't do it because it's too much. If you can demonstrate how it's not possible that would be better.

Also go in with a proposition. Rather than asking for their solution to this, put forward one of your own. Think about what you think the best short-term and long-term way of dealing with this is, and propose it as an option.

(it's me shhhflowery btw, same person!)

Original poster

jamescagney · 03/04/2008 09:24

Thanks flowery I will!

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Original poster

jamescagney · 09/04/2008 09:46

ok so my manager wants me to email him about the gap between my contract and the service delivery plan that was put in place. Aargh!
I don't think I can hold onto my temper.
How do I put it nicely but forcefully that this plan isn't working and that it's putting me under huge stress? Apologies for banging on about this!

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flowerybeanbag · 09/04/2008 10:10

Have you got a meeting with him booked in? Make sure you do that. Move the discussion away from your contract, as far as I can tell it's irrelevant and is distracting from the real issue which is your workload.

I'm not sure what I can say about how to raise this that I've not already said tbh, about preparing yourself with facts, having a proposition yourself about how else the work could be covered etc

Original poster

jamescagney · 10/04/2008 09:06

ok so now have got v formal email requesting that I confirm I'm willing to work the new plan "by close of business today". Blimmin hell! What do I say? I want to make it clear that its not workable... brain all mushhy this hour of the morn...Ladies?

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flowerybeanbag · 10/04/2008 09:12

Have you requested and booked in a meeting to discuss this james?

Original poster

jamescagney · 10/04/2008 09:17

I am meeting the manager this afternoon, not about this but about routine stuff.
He is new (well about 3 months in the job) and won't make any decision without his manager who I know won't give an inch.
I emailed him back there to say that I think the pertinent bit is from "time to time" I'll work in other areas, was that a bit cheeky? I've asked him to get back to me..

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flowerybeanbag · 10/04/2008 09:19

I can only reiterate what I've said before, this isn't something to be resolved over the email, it needs to be a proper discussion about the issues, what their problems are, what your concerns are and how best you all think they can be addressed. I really have nothing to add tbh.

Votadina · 10/04/2008 09:19

Don't you have an annual appraisal? You need to rewrite your job spec and get your manager to agree it.

Freckle · 10/04/2008 09:26

You say you've been doing the job for 3 years, but the increased workload has only been expected for the last 6 months to a year. Can you draw up a schedule of what your workload was for the first two years and compare it with your current/expected workload? If you can show that your workload has gradually increased to the point where it is unacceptable you may get further than just saying "my contract says x and I'm having to do y".

Original poster

jamescagney · 10/04/2008 09:26

I am a public servant, I haven't taken part in an appraisal for 2.5 years now. I believe an appraisal is done (of which I have no part )every year so that I get an increment...

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nervousal · 10/04/2008 09:42

Difficult situation. I wouldn't get caught up with the whoel "time to time" arguement - what you are saying (as above) is that your workload is unmanageable and that you are being put under undue stress. Given the Health and Safety Executives views on workplace stress I think it is odd that your emplpyers aren't taking this more seriously. Perhaps you need to take some advice from HR/your Union?

Original poster

jamescagney · 10/04/2008 09:47

HR are backing managment, I think. I will get on to the Union, I spose.I was happy to negotiate something last week, but management wouldn't hear of it. Thanks for your advice, i'm raging so its hard to think clearly!

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