Members have brought to the Branch’s attention a document from the employer entitled DCPU OPS Turret Guidance and questioned whether or not this constitutes an agreement, or if it doesn’t does it mean that by Custom and Practise their contractual conditions of service have been changed/ established.Page 9 of the document states ”telset duties can vary – maximum is 3 ½ hours – minimum is ½ hour”.
Firstly it is not an agreement in terms of a formal agreement with PCS.
That said it may have status in contract law. Courts normally decide such matters, however the employer normally has its own take on what is and isn’t legal. Often they are wrong.
As far as Custom and Practise is concerned for the employer to say that it wasn’t then they would need to challenge it under the following headings:
- Reasonable
- Notorious
- Certain
As far as reasonable is concerned this is the employer’s own guide so it would be difficult for them to say that they are not reasonable!
Notorious, it was a well publicised document and
Certain. It’s in black and white. There is nothing more certain than that.
If you are requested to do more than a shift on the Turrets of 3 and a half hours then please bring this to the attention of the employer and only do so working under duress and after submitting a grievance (and potentially ask for an Individual Stress Risk Assessment)
If you have read this circular and are not a member; then please complete an application form, the link to one can be found on the right hand side of this page.
