Working for the man
September 4, 2010 2:24 AM   Subscribe

UKFilter: What should I ask for when negotiating compensation for being on call as a private school sysadmin? What can they reasonably ask me to give up?

I've been working at a private (boarding) school for the last 9 years. We've grown substantially from a single lab to 500 odd workstations and 70 servers (mostly virtual) in that time, and their expectations of uptime and support have grown with it, without the necessary funding to build truly resilient enterprise grade kit. I do the best I can, but there's only so much you can with individual single points of failure when you can't buy redundant kit, and there's only 3 of us IT guys.

I work 9 hours a day monday to friday, i.e. a 45 hour week, similar to most of the rest of the fulltime support staff; the school also teaches on saturday mornings though, and thus the conflict - teaching staff get hours off during the week, and of course 3 months holiday a year between summer and christmas breaks, while we continue working those periods.

A year ago, I nearly had a breakdown down to work-related stress, and have been diagnosed and am still being treated for ongoing work-related depression. A big part of that was that in order to keep everything running, I was regularly working up to 12 hour days, and was doing substantial amounts of work from home. Part of the resolution the school took was to bring in the 3rd IT guy, with the specific plan he would cover up to 6 of the key saturday mornings a year on site, with a day off in lieu in compensation. I also cut my unpaid hours off, with the schools agreement, so I would only be working my scheduled (paid) hours.

They did 'offer' myself and my other junior the option of working saturdays; they had initially drawn up a roster where we do every 3rd saturday during term times. Both of us weren't interested; in my case, going from a 5 day week to a 4.5 day week would put even more stress on me to get the workload done, and as the only guy who really knows how the server and network infrastructure works, using me to babysit teachers who can't use their preferred printer on saturdays is not the most efficient use of my time. They also threatened to change my contract to force me to be on call 24/7 7 days a week including when I was on booked holidays, without compensation. I refused, citing (truthfully) doctor's orders amongst other reasons.

So anyway. There was a network crash friday afternoon, and I stayed on to make sure everything was back up and running before eventually leaving about 8.30pm, with teachers back today, and teaching starting on monday. This is fine, and I don't mind doing it under exceptional circumstances. What was not fine was I was effectively bullied by a member of senior management into cancelling my weekend plans and being on call this morning without pay as they had not thought to get my colleage to have this as one of his covered saturdays, and I've just spent a couple of hours dialing in and checking over the systems are still OK from home.

It is extremely likely that being on-call 24/7, and saturday cover will be back on the agenda come monday morning. For various reasons, I'm really not in a position to resign, not can I really risk being sacked - not that that's likely, but if I'm not co-operative it will surely make life difficult later.

As far as I'm concerned, being required to be on-call during holidays and evenings 24/7 - as the only guy who can realistically do it - is not something I wish to do at all, especially unpaid. I am prepared to negotiate the saturdays if I must, but I still think it's a bad idea. Dialling in remotely when called by the headmaster in a true emergency, if I happen to be home is one thing, and I have done that on a few occasions; but being expected to hover by my computer and personal phone during my off time is not reasonable to me.

They did print my mobile phone number in the staff handbook years ago; recently I've had several calls from ordinary staff over trivial matters that could have waited till the morning, and they got quite upset I was not in a position to drop everything and come and fix their printer when they had one 30 seconds walk away. I do have a new contract for my new personal smartphone, and I was about to switch and not give them my new number for this reason.

So for those of who've negotiated switching from only fixed hours to also being on call - what did you ask for? If you were expected to do out of hours cover, what did they add to your contract, and was there compensation for that?

It's not particularly about the money. More is always useful, but my health is more important to me than a few extra quid a month. We we offered overtime this week in order to make sure everything was running properly before start of term, which we accepted. Financial compensation is more about making them realise that I do in fact have a life outside the office, and if they want to give up even more of my limited time with my wife for them then that doesn't come for free. There's also the working time directive, which puts a hard 45 hour limit on my hours.

Strictly speaking, they consider me on a 37.5 hour week, as my breaks are non-working time - in reality, my lunchtimes and teabreaks are working time as it's impossible to leave the office without staff taking the opportunity to ask for problem solving, and there is the expectation we do so. Surely being expected to on-call should also factor in at least partialy as worktime?

In an ideal world, I will not change my hours. In practise, I expect to have to work at least some saturdays, though I will push for the same arrangement as my colleague, i.e. a day off in lieu. I also really wish to avoid an out of hours on-call roster, but if it is truly non-negotiable, i.e. they threaten to force a change in my contract, should I ask for a work mobile and contract? Them to cover part of the cost of my home internet connection? Extra salary?

I realise 'quit!' will probably be a first reaction, and that is understood, but I'm really not in a position to quit right now - this is about how I negotiate this crappy situation to my best advantage. Thanks for your time!
posted by ArkhanJG to Work & Money (9 answers total) 2 users marked this as a favorite
 
Response by poster: In case it isn't clear above, I'm officially the 'network manager' and in charge of the system as a whole, including email, net, files, app servers, switch fabric, storage arrays, the lot. My juniors mainly concentrate on tech support.
posted by ArkhanJG at 2:27 AM on September 4, 2010


The question is more like what can you reasonably give up in your position? You say you have an assistant. Have you spoken to him or her and assessed differences in working hours and obligations? I am sure that if you were to delegate more and not feel as though you were at the beck and call alone it would be an easier job. Also, get a new mobile phone number.
posted by parmanparman at 2:52 AM on September 4, 2010


I'm not an expert, but I don't think they can force you to do anything regarding changing your contract. If you don't sign it, any new contract is null and void. If they offer you a new contract, read it thoroughly first, and it might be an idea to get an employment lawyer to look it over because it seems that your employers will screw you if they can.

With regards to being on call, I'd ask for a company mobile phone, the company to pay for new internet access (which is only to be used for work related business) and extra pay simply for being on call. Then I'd ask for an increased rate for every minute of work I did while on call. They don't seem to want to spend any extra money, so demanding extra for out of hours work might put them off.

I'd also suggest that they hire someone specifically to cover weekends. They can pay someone else just as easily as they can pay you.

What was not fine was I was effectively bullied by a member of senior management into cancelling my weekend plans


If they're bullying you, put a complaint in. Also, consider just not doing it. They can't hold a gun to your head. It strikes me that part of the reason they're coming down on you so hard is that they're desperate to keep you.
posted by Solomon at 2:53 AM on September 4, 2010


You've got several problems here, not limited to
  • lack of clear boundaries with your employer and other members of staff
  • work-related medical problems
  • unreasonable official and unofficial demands on your time
  • unrealistic contracted working hours
  • unclear compensation for hours worked over and above those contracted
  • lack of IT resources to do your job
  • lack of human resources to do your job
You need to work on your negotiation and assertiveness skills in general as well as dealing with the pressing situation of out-of-hours cover. The problem is that they need you, but they don't necessarily know it.

They also threatened to change my contract to force me to be on call 24/7 7 days a week including when I was on booked holidays, without compensation.

I was effectively bullied by a member of senior management into cancelling my weekend plans and being on call this morning without pay

It is extremely likely that being on-call 24/7, and saturday cover will be back on the agenda come monday morning.


You also need to get in touch with the CAB and/or an employment lawyer since your employer may well be over the line into illegality in their treatment of you.
posted by Busy Old Fool at 3:35 AM on September 4, 2010 [2 favorites]


Are you making sure your other guys cover your hours? Also DEEP FREEZE and group policy are your friend lol.

Deep freeze will lighten your work load considerably since all you have to do is tell them to reboot the machine.

I am an it guy in a library so if you want to pm me to see if we can lighten your work load let me know.
posted by majortom1981 at 4:44 AM on September 4, 2010


PS what state are you in ?Some of the things they are doing sound illegal. I might look into hiring an attorney or atleast get a consult to see if what they are doing is illegal. IF it is use it as a barganing chip.
posted by majortom1981 at 4:45 AM on September 4, 2010


First: Have you signed out of the EU working time directive? Have you been asked to? The 48 hour a week limit includes time spent on call. They can ask you to be on call for three specific hours outside the 45 you already work, and anything outside that is a violation of the directive unless you have voluntarily signed a waiver. They cannot put any pressure on you to sign the waiver, so I hope you haven't; but if you have, you can withdraw your agreement, giving them seven days notice. If they threaten to 'force' you to accept anything more than 3 hours, you can take them to an employment tribunal.

Second: Are you a member of a union? Have you considered joining one? This is why we have unions, so that employers can't pull shit like this. It looks like ATL cover support staff in independent schools. Please consider joining them and asking them for help. Go to the Citizens' Advice if for some reason that's preferable to you, but a union will be able to give you much more concrete help and support in negotiating these issues. The fact that you have longstanding medical documentation of the effect their shenanigans are having on your health puts you in a very good position to negotiate here.
posted by Acheman at 5:18 AM on September 4, 2010 [2 favorites]


This is a horrible work situation. You don't have to agree to 24/7 coverage, but if you do, you should also get an overall pay raise, clearly defined limits for what you are required to do outside normal hours, plus overtime if you actually do anything outside normal work hours. You might be able to bargain a reduction in overall working hours in return for being on-call for critical services. Like work 4 days a week, normal 8 hour days, but be on-call on fridays if a DB server goes down.
posted by beerbajay at 5:25 AM on September 4, 2010


Working hours directive only covers time spent on-call at the workplace AFAIK. (See section 'What does not count as work?' in Acheman's link.)

At the very minimum I'd be looking for a paid mobile/smartphone and a 3G modem so you could log in and do whatever it is you had to do out of hours and overtime pay with different rates for weekday nights and weekends.

The company I work for offers out-of-hours support to our larger customers and we get the above plus an extra per diem payment when we're on call. Our support hours are until 8 in the evening and from 9-2 at weekends. In addition we have a very clear SLA and only a few named persons at each site are given the out-of-hours support number.

Honestly though I'd suggest you discuss this and your general work situation with an employment lawyer or Citizens' Advice from what you've told us here (and in your previous questions).

You might also find this article on constructive dismissal relevant to your situation.
posted by SyntacticSugar at 10:17 AM on September 4, 2010


« Older How can I deal with my Private Student Loans?   |   New Nervous Tick Newer »
This thread is closed to new comments.