Reasonable Time For Ex Employer To Contact You.

[SHARP70]

I have been retired for over a year and some of my job had tasks which were only carried out once a year.
I have answered queries over the phone and have returned to the work place twice as I forgot to tell the new person about 2 of the tasks when I did the handover.
Unfortunately the new person died very suddenly and I am now getting phone calls almost every day.
I have phoned my ex boss and told him I am fed up off these calls but he has pointed out a clause in my contract saying that I have to answer questions about my job for a reasonable time after retirement.
I have offered to go back for a month to do a handover to the person now being appointed but I have stated that I will require payment which I think is reasonable.
My boss has refused payment and just stated my pension will be at risk if I do not help.
Does anybody know the legal situation?.

Bill

[woofgang]

Are there any tasks which are done less often than annually? If not I would have thought that one iteration (ie one year) would have been reasonable. do you have a direct contact with whoever actually handles the payment of your pension? It won't be your ex boss. It might be worth contacting them and asking how much control your ex boss actually has over your pension payment.

[Nibble]

You could ask to go back on a casual contract so that you are only paid for the hours when you are actually working (either in person or on the phone).

I have never heard of a contract which said that your pension will be at risk if you refuse to help out over a year after you've left. How can it be? The terms of your pension will say how many days you have NOT to work before risking your pension (mine in the NHS insists on a break of 24 hours after retiring, then not working more than 16 hours pw in the first month - but you are way beyond that period.

Dig out your pensions paperwork and give them a ring, and phone ACAS too, they have a really helpful helpline.

IMO your boss is being unreasonable because they are in a hole, and I certainly think you are reasonable asking for payment.

[boxtops]

^ apologies, that was me, not nibble.

[SHARP70]

Hi Woofgang

Every task in my job needed to be done at least once a year.
I accept my successor was in his early 30's so nobody could have foreseen his death so I am prepared to help for a time as long as I am paid.
It was really a 1 man / woman job.
That said I did remind my boss that I was due to retire 18 months prior to the date and I said people should start gradually looking at it but I was ignored.
The new person started 2 weeks before my retirement and I was expected to teach him all about my job in that time and keep the work flowing.
I will check with the trustee with regard to my pension.
What really worries me is I could train the new person and something could happen to him and I could be called back next year if I give in to this.
I never think it is good to rely on one person. If I had gone sick for an extended time there could have been serious problems.

Bill

[boxtops]

Bill, it's not reasonable. What, say, you had moved to Spain when you retired, or indeed taken other employment (lots of people take lighter jobs when they retire, less hours and responsibility) - you just wouldn't be available. I suggested ACAS earlier - I think they're worth a phone call.

[SHARP70]

Hi Boxtops

I will have a word with ACAS as you suggest.
Another thing I found annoying was I was in hospital about 6 months ago and I was talking to my ex boss and the nurse fetched me for my operation.
I terminated the conversation and phoned back about 5 hours later when I had recovered.
He was annoyed work was delayed and I accept it was only a minor operation but it was the first operation in my life and as I had no track record the doctors did not know if things could have happened which would have put me out of action for days or there was an extremely remote possibility I would have not come through the operation so my knowledge would have been lost for ever.
The other point is I am now 61 and as years go on the risks of problems with me get higher.

Bill

[DGR]

Surely the pension is administered by a Trust which is isolated from your former company and therefore your ex-boss's threat is an idle one since you seem to have given all the assistance that could reasonably be expected of you. He sounds like a boss best left to his own devices. To expect you return to work for a month unpaid is outrageous. That is several strides beyong "answering questions for a reasonable time after retirement" and I cannot imagine that that is provided for in your terms of employment. Consulting ACAS is a good idea - I am sure a tribunal would not support your former employer in this situation. Might also be something that WATCHDOG would enjoy getting their teeth into.

[joko]

what are the phone calls?
quick ones with a quick yesor no question? or long elaborate ones that require a lot of time?
i would say to them you are happy yo help them but it needs to be on your terms, not theirs - you are the one doing them a favour.

tell them the calls are becoming a nuisance and causing you stress and upset and inconvenience with their frequency

i would ask them to write down all the questions they want help with - to sit down and really think it through and say you will answer all on the list - ONCE, and that's that.

or ask them to send all questions once a week in an email - so you can respond at your convenience.

i would also just start being 'useless' ... be vague, forgetful, etc

also just be generally unavailable - always be out, or busy etc - can you say you have found another job and you cannot have your phone at work ... perhaps some volunteer stuff

i do understand their predicament - you are the only person they can turn to - but they are taking liberties and need to sort themselves out, get organised and get the information they need in one go - if necessary they should hire someone to speak to you and create a manual for the next person.

[woofgang]

oh he sounds like a proper pain in the arris. yes I'd be screening my calls and being unavailable.

[SHARP70]

joko

I would say the calls average 30 minutes. Some are very short and some are long.
A manual could be a good but I think I would have to go back for a time and I will need some assistance.
I may need to go back a few times subsequently as I will not think of everything in one go.
Rather than being forgetful I am sure the job will gradually change and I will not be keeping up to date.
In any case I am off on holiday for a week soon and I will not want to stop and talk about work if I am driving or in the swimming pool for example.
I may try doing some line dancing.

Bill

[birdwoman]

He sounds like a spoilt bully. It's his own fault - a good boss would always have contingency plans in place. Is there no documentation of the processes? It's not your problem any more. Sounds like you've been more than helpful and he's taking liberties with your good nature. If you are still willing to help you should do as Joko says and make it clear you will do it on your own terms and not his.

[pixie373]

It is sad what happened to your successor, but he could have hated the job and left, anyway. I think they are taking the p. And perhaps if you offer a short paid handover and they refuse, you can argue that you made the offer.
Have a great holiday. And don't answer the phone!

[balliali]

Just thinking.... what if you had died. Morbid thought maybe... but we are all vulnerable, and how would he manage then. I doubt if you are obliged to help without payment after all this time. Tell him to get his act together and leave you alone

[Canary42]

Get a relative/friend to take the next call and explain that you have been struck down with severe dementia/Altzheimers and can recall nothing about your working life. Furthermore, any further calls will be treated as harassment and the law will be called in.

[Gizmonster]

As above ...... plus, change your phone number :)

[boxtops]

Changing your phone number is quite a good idea - and to phone you when you are almost on the operating table is just appalling. Much as you may care about the work being done, it's no longer your problem, it's his......

[factor-fiction]

Okay. Everyone is being very helpful but I wanted to advise everyone I've reported this thread to the Ed. The almost identical post has been asked before under another name, although last time the retirement was 3 years earlier - and that user was suspended.
http://www.theanswerbank.co.uk/Law/Question1173978.html
Some may want to answer but I wanted to let you know the position before someone invests too much time

[bednobs]

banned?

[Canary42]

I thought it rang a bell