Out of Hours emergency cover expectations

My church is a large premises with many rooms hired out during the day and evening. We have several part time staff (mostly cleaning/care taking) to support this as well as a part time centre coordinator who deals with bookings and supervises the other staff and day to day operations. 

An issue has cropped up regarding out of hours emergencies and how they are covered. Most church members believe it is the job of the coordinator to deal with out of hours issues, but nothing is explicitly stated in the employment contract or job description. The job holder is constantly contacted out of hours about all manor of issues (many minor) and has reached a stage of mostly 'sticking to agreed hours'. This is not a highly paid role at a little over £10.50 per hour so I'm not confident it would be considered reasonable for this person to be expected to be the first call in most circumstance.

Would a clause in a contract be enforceable if it existed? Because there are no other paid staff, the management structure effectively consists of volunteers, mostly elderly, and getting any rota of 'on call' people is proving elusive.

I want to get a sense of the legality, or otherwise, of the on call expectation before exploring other possible options. Any advice or tips from previous experience welcomed.

Parents
  • I do not believe you can successfully require this individual to work out of hours as you are.

    Yes you could contract explicitly for on-call arrangements but at a suitable fee. At the very least you would need to ensure all working time was paid at least the NMW. (You may not be doing this at the moment given the frequent out of hours calls)

    It would be a change to contract however and if the fee/rate wasn't sufficient I can see them turning it down. What then?

    Historically these things were done by volunteers but as you have turned this into a semi commercial model it is likely you will need to budget for an increase in staff costs to cover these out of hour events.
  • Thanks Keith. Certainly that's in line with my current thinking. Of course, money is a real issue for what is effectively a small charity, so a classic dichotomy there.

    Maybe someone has experience of a creative solution that resolves or lowers that dichotomy. 

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