In the course of her duties a member of staff took part in an out of hours rota in a specialist area. She returned to work after maternity leave on a part time basis but refused to take part in the out of hours cover saying that it wasn’t in her contract. It isn’t expressed in her terms and conditions or j/d. However she worked the rota all the time up to going on maternity leave. I negotiated a year’s break from the rota or for the length of time she was breastfeeding. The year is now up, she’s no longer breastfeeding but she is refusing to return to out of hours cover because she says she is not contracted to it. This is having a very detrimental effect on the rest of the team. It is not possible to use a temp in this position. Does the previous our out of hours working establish custom and practice? Help please!
Jill Hitch

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