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Should I insist on my pound of flesh?

 
 
Ganesh
13:53 / 01.09.04
Okay, so I work for the National Health Service, an institution which - in the popular political imagination of the moment is financially inefficient, irresponsible and 'blundering'. That's the backdrop to my sorry tale.

I'm in the relatively comfortable position of being able to do on-call from home. An overnight on-call block typically involves an advice call or two from juniors, more rarely, an actual call-out. In practice, this is more restrictive than it might first appear: I'm technically responsible for decisions the juniors make, and if they can't get me on the 'phone and fuck up, it's my neck on the block. Which means the mobile becomes umbilical, and drinking a calculated risk. And one's sleep is fucked-up.

So. The admin assistant in charge of the on-call rota telephones and asks me if I want to do a 24-hour shift at a weekend, to cover someone who's gone off sick. It's a minor hassle, but I agree - on the grounds that covering in this way means I get paid locum rates and, for various reasons, extra cash is verrry useful right now.

Just before the weekend in question, she telephones to let me know I'm no longer needed to cover the shift. This isn't that unusual - because doing locum cover is lucrative, admin tries to offer everyone an equal share; they must've realised someone else was due their slot - so so I accept it.

Out on the Friday. Wake up to find my 'phone buzzing with messages from work: one of the juniors is trying to get hold of me. I 'phone up switchboard, who assure me that, according to their rota, I am on-call; they're not aware of any changes. Irritated (I'd got myself out of the 'being on-call' headspace, and had made plans), I 'phone the junior back.

After midnight, I get an actual call-out, meaning I have to find a cab and head across London to deal with the situation. I get back just after 2am, frazzled and unable to sleep.

At the start of the next week, I contact the admin assistant and explain what's happened - that I apparently was on-call. She can't understand this, as Dr X supposedly telephoned switchboard explaining he'd taken over. She goes off to sort out the situation.

Aaaand 'phones me back today, sounding extremely unhappy. Seems switchboard have decided they'll only accept rota changes in writing, not verbally, and the admin assistant was unaware of this. When Dr X told them he was on-call they therefore disregarded this (helpfully neglecting to advise him to fax them with a written alteration) and went with my name, the last change in writing. Effectively, both myself and Dr X were sitting by our 'phones for 24 hours.

Fair enough, I think, you'll have to pay us both, then. The admin manager, however, has come down on his assistant like a ton of shit: she's the one to blame - and she must therefore pay my on-call fee herself.

"You mean you've got to find the money from the rest of your department's budget?" I ask. No. She's got to pay it from her own pocket. It's a moderately sizeable sum, particularly compared to her own salary; she's no idea how she'll find the money. She cries on the 'phone.

I'm stunned. I've never come across this situation before, not within the NHS. We try to avoid human error, but we recognise that it's inevitable. A nurse drops a vial of streptokinase, she's not expected to pay for it herself. More extreme example: a surgeon removes the wrong kidney, he's not expected to stump up compensation himself.

Perhaps we should. We're not, though - not currently. This is, for me, a precedent.

And it stinks. It really stinks. I'm put in the position of either waiving my fee for a weekend inconvenienced or demanding remuneration from a crying woman who I know earns much less than I do. I'm pissed off with her mistake, sure, but I'm also pissed off with switchboard for failing to tell me about Dr X's call (if I'd known he was the one who was supposed to be on-call, I could've 'phoned him myself, straightened out the situation and got something in writing faxed over). Most of all, I'm pissed off with the manager, who's presumably decided to financially penalise his employees for simple human error.

What do you think? And what would you do?
 
 
Loomis
14:02 / 01.09.04
Can the manager actually make the assistant pay you from her own pocket? Is that in her (the assistant's) contract?
 
 
grant
14:04 / 01.09.04
I don't think the manager can do that.

Were I you, I would discreetly make a call to the person who oversees that manager and ask if that's acceptable.

It seems like the fault is really with the switchboard, for ignoring the verbal change-over and not explaining they needed things in writing.

I don't know exactly what each of the player's job functions are, but it feels like the problem is on the level of switchboard ("Thanks, but we haven't gotten that in writing yet - could you sort that out?") and not on the person doing the assigning, necessarily. Why didn't she know about the changed policy?

On the other hand, if the person doing the assigning has fucked up a lot lately, maybe the manager is righteously fed up with it.

Still, the paying out of pocket seems wrong.

Hmm - so does the calling you up to tell you about it, though.
 
 
Loomis
14:06 / 01.09.04
And surely if only one person is to be paid then it should be you rather than the nefarious Dr. X (judging him solely on his name of course ...), since you did the call-out. Or maybe the two of you could split the fee? Would he be amenable to that?

Human error can be fucking annoying, but as you say, it sets a very bad precedent to have someone pay for something that they did in their capacity as an employee.
 
 
Loomis
14:15 / 01.09.04
Then again, you could always go for a literal pound of flesh. Found out who is at fault and arrange to have them soundly beaten. You'll feel better and it won't cost 'em a thing. Maybe they'll even thank you for it one day.
 
 
Tryphena Absent
14:31 / 01.09.04
There is so much wrong with this that I'm astounded. Surely they just, simply can't do this, aren't they worried that someone is going to sue them? I'm sure there must be legal grounds if you worked and the institution is refusing to pay you. And that's surely what the problem here is, you worked and they won't pay, it's as simple as that. If the girl isn't doing her job properly than she should be legally dismissed not forced to pay someone else's fee. I'm sure her manager could get in to a shit load of trouble for even suggesting this and frankly I think you should be the one to cause that trouble.
 
 
Lurid Archive
14:33 / 01.09.04
Fuck me thats nasty. First off, I don't think you can accept the money from this admin assistant. Partly, because it doesn't sound like it is entirely her fault but mostly because it sets an ugly precedent and would be grossly unjust. Unfortunately, that leaves you out of pocket but, and I realise this is also unfair, you are almost certainly better able to deal with this than the admin assistant. You can probably absorb the cash hit more easily and can probably kick up much more of a fuss than she can. I don't think this is a precedent you want to support, however indirectly, and certainly not at the expense of this tearful woman. It is even arguably in your interest to oppose this kind of action at this stage, when you are in a relatively powerful position, rather than when it becomes established for admin assistants and someone suggests that it be extended to doctors.

In your place, I would fight for my money (Dr X should be paid too) - you earned it, after all - but only on the condition that the assistant does not have to pay for it. I have no idea what the employment rights are in this situation, but it strikes me that it is worth fighting and perhaps getting unions involved.
 
 
Grey Area
14:34 / 01.09.04
What Anna said...plus, you should maybe have a discreet word in the appropriate union shop steward's ear. This is the kind of thing they can get very (and justifiably) angry about.
 
 
Warewullf
14:58 / 01.09.04
That's awful.

I wouldn't even think of taking money from the manager-lady. It's not her fault and there is no way she could be legally required to pay (is there? I hope not.)

Anyway, that's just morally wrong.

Both you and Dr. X do deserve to be paid, however. And the lazy fuckers on the switchboard need sorting out. How fucking hard was it to say "We need that in writing." Lazy lazy lazy.
 
 
Nobody's girl
15:03 / 01.09.04
Surely the admin manager has some degree of responsibility in this equation? It sounds to me like the manager is bullying his/her assistant because I really can't imagine this is common or accepted practise. If nothing else, the manager has a responsibility to keep his/her staff informed of current procedure so unless said manager can prove that the pertinent information had been passed on to lowly worker then surely the buck stops with him/her?

A quiet word in the local Unison reps ear about this sounds like a good idea as well.
 
 
Ganesh
16:53 / 01.09.04
Thanks for the responses, folks (including the PM ones). Basically, I was shocked by the whole situation, and reassured the admin assistant that I couldn't possibly take any money from her personally (cue thankfulness and me feeling like, not to put too fine a point on it, a total cunt). There's no way I'd demand she pay me for my time and, as I understand it, if the manager really has insisted she do so, he's very probably doing so illegally.

I've had a couple of dealings with the admin manager in question before, and he's always seemed a reasonable guy. I'm wondering whether he sounded off at his employee in anger - 'it's your mistake, you're gonna have to pay for it' - and she's taken him at his word. I'm not sure, but I hope so.

First and foremost, I'm going to tell my manager about the situation, see whether strings can be pulled without direct involvement from myself. Failing that, I'll speak to the manager in question on Friday, find out what was said.

I'd like to be paid (and I don't think setting a precedent of 'splitting the fee' is a good idea) but I'll say goodbye to the money if I have to. What's more important to me is balancing a) not shitting on an admin woman for a perfectly understandable mistake with b) not feeling like a mug.
 
 
■
17:54 / 01.09.04
No, there is no legal way that the assistant can be held accountable for the situation.
Whoever failed to train her properly on the procedures is directly responsible, and should be censured. If the assistant had been trained and forgot procedures the burden _still_ falls on her superior, as the superior CLEARLY had not been supervising properly, when he/she (sorry, forgot) noted a verbal change and then disregarded it without taking it up with the the person making the mistake.
Mistakes I can forgive.
But incompetence makes me fucking seethe. Especially highly paid incompetence. Managing staff is what managers are paid extra for. The ultimate sign of a poor manager is to pass the buck DOWN. If your staff fuck up, YOU have fucked up. Grrrr.....
You have my sympath 'Nesh, but the poor assistant has more. Get that manager fired as quickly as possible, please.
 
 
■
18:01 / 01.09.04
...and don't forget that there are one or two members of the fourth estate knocking around on here... [Whistles innocently]
 
 
Char Aina
18:02 / 01.09.04
I'm sure her manager could get in to a shit load of trouble for even suggesting this and frankly I think you should be the one to cause that trouble.

that.
 
 
Nobody's girl
00:31 / 02.09.04
I've had a couple of dealings with the admin manager in question before, and he's always seemed a reasonable guy.

Having worked in the NHS in a lowly position I can assure you that managers often suck up to doctors and act like assholes to their staff.
 
 
the cat's iao
00:54 / 02.09.04
Argh! What a mess to find yourself in 'Nesh. Lots of good advice here, can't add anything except maybe go slowly and try not to step on toes. But that's likely already your intent.

And...

Having worked in the NHS in a lowly position I can assure you that managers often suck up to doctors and act like assholes to their staff.

Why is this not in the least surprising? Power plays and politics, sigh, the bane of work places everywhere.
 
 
Jub
04:47 / 02.09.04
What an awful situation. Mates who work in the civil serivce tell of similar misunderstandings based in bureaucracy. It really doesn't make much sense huh?

Whatever, let us know what happens Ganesh.
 
 
angel
07:23 / 02.09.04
Seconding some of what has been said above. In a government organisation, I would be frankly shocked if there was any ability for a manager to make staff pay for something out of their own pocket. It just doesn't happen, well not in my experience of government organisations anyway.

Also, if you get no satisfaction from gentle enquiries, you should speak with your HR department. There are two issues here that they should take care of 1) a manager has harassed a subordinate worker, or at least made a threat that they took seriously (important distinction due to power imbalance) and 2) you have not been paid for work you performed, regardless of who "should" have been working.

Whilst it does seem small in contrast to the whole world big picture, I think there are enough seeds within this adventure to multiply into something of clusterfuck proportions if not addressed while they are still small. Particularly if a situation has a worker in tears, regardless of her personal situation.
 
 
Less searchable M0rd4nt
07:27 / 02.09.04
God, what a bastard situation... I really hope that the assistant has just misunderstood or something, and that all is resolved.
 
 
Cherielabombe
14:02 / 02.09.04
Hmmm, very sorry to hear about this. Yeah what an asshole that guy is - surely he can't make the admin assistant pay for that!

I think your plan (talking to your superior and having them investigate) is the best one. You did go out on call late at night and so you did do work for which you should be paid for. In addition it sounds to me you did everything you could to follow the rules, etc., so you should be all right. But so should the assistant, as nobody told her that the procedure had change.

Hope it works out for the best.
 
 
Less searchable M0rd4nt
13:21 / 29.09.04
Hey, 'Nesh, what happened with all this?
 
 
Ganesh
21:33 / 29.09.04
Good question. I've held off updating this thread because it's all got a little confusing.

It took me ages to arrange a meeting with the manager in question. He was busy with a move of location, so his email gave one of the irritating autoreply things I've mentioned in another thread. I eventually managed to talk with him, and he looked completely surprised, like this was genuinely the first he'd heard of the whole thing (and I was looking for evidence of lying). He said "that's an easy mistake, I've done that" and said I should submit a claim form and I'd be paid for the time I worked, no question.

All of which left me wondering who was being economical with the truth. I've asked around, and it seems that the admin woman concerned has recently had a lot of extremely stressful stuff going on in her life - I think she's recently taken sick leave - and I wonder whether, in the context of a whole load of general anxiety, her 'phone call to me was a sort of catastrophic response to the realisation that she'd fucked up. If she was already incredibly stressed out, she might've jumped to the worst-scenario conclusion that she'd have to pay me out of her own pocket - and elaborated a sort of 'save me from my manager' story accordingly.

I dunno. In any case, I've submitted a claims form for the Sunday, and it doesn't look like the admin woman concerned will be punished in any way. I'm mildly curious as to who exactly has been bullshitting me, but I'm happy enough to let it all go.
 
 
Our Lady Has Left the Building
05:56 / 30.09.04
Did the assistant's level of stress mean that perhaps she was told 'oh you'll have to pay him yourself' as a joke but interpreted it as being serious?

Still, at least you'll get the money...
 
 
Seth
07:30 / 30.09.04
I'd say that Dr. X is the one talking shit out the side of his neck. Certainly if Operation: Mindcrime is anything to go by.

Nastiness, 'Nesh. Glad it's on its way to being sorted.
 
 
ONLY NICE THINGS
07:46 / 30.09.04
Yes. Possibly one could work with your arbritration agency to develop and implement an underground revolution (to deal with) working overtime.
 
  
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