Can they do this?

Dunmore

I work for a UK Call Centre, in Waterford, and have done so for the past 3 years.

I used to work as a Technical Support Agent, on the phone (that was my job title). That was my first role with the company. My job was to answer calls from customers, one after the other. I hated it.

About a year ago, a new department was launched in the company - the "Chat" department. This department would assist customers using an online, Live Help, web-based, chat, type of system.

I applied for a position in the new Chat department (along with around 20 other staff), and got it. Our contracts of employment were amended, and our new job title was "Chat Agent".

In December 2008, the company decided that the software tool we used for Chat was poor quality (and it was, in fairness). So it was pulled.

As a temporary measure, we were given other work to do. Admin work, answering customer emails, and *most recently*, going back on the phone.

The company cannot say when the Chat tool will be replaced. Possibly not this year, possibly not even next year.

Meanwhile, the company also has an "Email" department. This department, you guessed it, answers customers' email enquiries. However, this department has always been outsourced, to India.

Recently, the company has talked about "bringing the Email department in to Waterford".

Now, should the Email department be moved here, we "Chat Agents", are apparently going to be able to "apply" for the positions. Should we be successful, our job will be "Email Agent", naturally. However, should we be unsuccessful, we understand that we shall be going back on the phones, permanently.

My question is, can the company put us back on the phones permanently, even though this is not our job, as per our contracts of employment?

We didn't mind going on the phones just for a short term basis, but not a single one of us wants to be back on permanently. It's an awful job, and it's a step backwards in our careers.

Your thoughts would be appreciated.

Stheno

They can by terminating your current contract (which doubtless somewhere will have a termination clause) and giving you a new contract.


Couple of questions

1. How long is your current contract?
2. Does it contain a clause anywhere that states something like "in the event that the duties outlined in your current role are no longer necessary, the company reserve the right to offer you alternative duties"?

Buffman

It sounds like the position of 'chat agent' no longer exists in the company, so you will have to be redeployed as the company sees fit. Does the fine print of your contract mention anything? I'd imagine it does.

Dunmore

Thanks for the replies lads.

nouggatti wrote: »

They can by terminating your current contract (which doubtless somewhere will have a termination clause) and giving you a new contract.


Couple of questions

1. How long is your current contract?

I've personally been with the company for 3 years. Some of the other staff in the same boat have been there longer, some less. It's a permanent contract, not time based.

nouggatti wrote: »

2. Does it contain a clause anywhere that states something like "in the event that the duties outlined in your current role are no longer necessary, the company reserve the right to offer you alternative duties"?

Yes, I think it does. Stupidly, I can't find my contract.

Buffman wrote: »

It sounds like the position of 'chat agent' no longer exists in the company, so you will have to be redeployed as the company sees fit. Does the fine print of your contract mention anything? I'd imagine it does.

But if the "chat agent" role is now redundant, shouldn't we be offered statutory redundancy?

shoegirl

Dunmore wrote: »

I work for a UK Call Centre, in Waterford, and have done so for the past 3 years.

I used to work as a Technical Support Agent, on the phone (that was my job title). That was my first role with the company. My job was to answer calls from customers, one after the other. I hated it.

About a year ago, a new department was launched in the company - the "Chat" department. This department would assist customers using an online, Live Help, web-based, chat, type of system.

I applied for a position in the new Chat department (along with around 20 other staff), and got it. Our contracts of employment were amended, and our new job title was "Chat Agent".

In December 2008, the company decided that the software tool we used for Chat was poor quality (and it was, in fairness). So it was pulled.

As a temporary measure, we were given other work to do. Admin work, answering customer emails, and *most recently*, going back on the phone.

The company cannot say when the Chat tool will be replaced. Possibly not this year, possibly not even next year.

Meanwhile, the company also has an "Email" department. This department, you guessed it, answers customers' email enquiries. However, this department has always been outsourced, to India.

Recently, the company has talked about "bringing the Email department in to Waterford".

Now, should the Email department be moved here, we "Chat Agents", are apparently going to be able to "apply" for the positions. Should we be successful, our job will be "Email Agent", naturally. However, should we be unsuccessful, we understand that we shall be going back on the phones, permanently.

My question is, can the company put us back on the phones permanently, even though this is not our job, as per our contracts of employment?

We didn't mind going on the phones just for a short term basis, but not a single one of us wants to be back on permanently. It's an awful job, and it's a step backwards in our careers.

Your thoughts would be appreciated.

If your job ceases to exist they can offer you an alternative role or else make you redundant. Sorry bud but right now a lot of people in your situation would be very happy to still have a job at all.

I was in a similar position 5 years ago and just forced to move to a non-job, I took the initiative and went for another (not attractive, but slightly better than what I was dumped into) position. I stayed a year and left for a job that basically gave me a 25% rise and a year later took another job that almost doubled my original salary.

Take whats going as right now there isn't much out there and wages and conditions have shrivelled.

Buffman

Dunmore wrote: »

But if the "chat agent" role is now redundant, shouldn't we be offered statutory redundancy?

Again, it really depends on the contract. I'd imagine the company have left themselves plenty of wiggle room.

jhegarty

Unless the AOL (come on , we all know who you are talking about) contract has changed since my day then the last item on your contract will be something like "duties as defined by your supervisor/manager".

This basically means they can have you cleaning tables in the canteen next week if they want.

Stheno

Dunmore wrote: »

Thanks for the replies lads.


I've personally been with the company for 3 years. Some of the other staff in the same boat have been there longer, some less. It's a permanent contract, not time based.


1. Yes, I think it does. Stupidly, I can't find my contract.


2.But if the "chat agent" role is now redundant, shouldn't we be offered statutory redundancy?

If it does as per answer 1. then they can as someone else said, offer you a job cleaning tables in the canteen. Email HR and if nec. quote data protection, requesting a copy of your contract asap. They have approx. 40 days to get it to you.

And as for 2. once the clause from 1. is there, it gives them wiggle room to get out of redundancy, i.e. your job went, they offered you a cleaning job and you refused it.

There's no 3. but the fact I managed to ask the questions I did, makes me feel old, jaded and cynical, and I'm only 35.

Anyway if you are working for whom I think you are, god knows there are feck all callcentres down your way, I reckon you'll be back on the phones quicker than you can say back on the phones.

Best of luck mate, sorry not to have better news.