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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Is my employer allowed to change my job description based on

Resolved Question:

Is my employer allowed to change my job description based on false pretences?

example: We're being split up as a team, with one person basically having to fill in a job that we are not paid to do (replacing people that have retired and are not being replaced), under the pretence that its a more efficient way of doing our own jobs - which it clearly isn't.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill : Hello and welcome to Just Answer, how long have you worked for the employer for?
Customer:

5 years.

taratill : are you being asked to do additional things to your original job?
Customer:

yes - answer calls in the general office - to fill in for their lack of bodies in general office. MItie is the company that provides messengers. My colleague and me work for a courier firm called Citysprint but we're based 'on-site' at the clients. There are no problems with us or the way we've worked for 5 years. They say this will help us but it just doesn't, it just allows them to let 2 messengers on 30k plus retire and not be replaced - whilst we work for less than 20k - and are expected to pcik up the slack.

taratill : so are you taking on all of the old employee's responsibilities? If so have you asked why they are being replaced? What is the response?
Customer:

Not all of the responsibility, but some of them. They retired from Mitie. I don't work for Mitie so can't really ask their boss why they are not being replaced. It's an obvious cost saving for them. Because the Mitie contract is worth a lot to citysprint - Cityspint want to do whatever pleases Mitie - but me and my colleague are furious we're being treated in this way.

taratill : Have you raised a grievance about this?
Customer:

yes - initially we were asked for feedback on the proposal - were both heavily against it because it makes no logical sense to split up 2 people that have been working as a team. There was a meeting between our bosses and Mitie's bosses - that resulted in "Well, we're going to have to trial it" - my boss says he agrees with us but has his hands tied.

taratill : Hi you are in a difficult position, as you have correctly identified, owing to the fact that your employer is a different person to the client you are providing services for. If you complain to the client, the client could say they no longer want you on site , and if that happened and your employer had no alternative post you could be put in then you could be failrly dismissed for Some Other Substantial Reason. Your employer does have a duty to consider your grievance and to attempt to resolve matters but you cannot force aciton to take place. You should note that it is not uncommon for roles to be amalgamated if there is no business need to retain a position but you should reasonably expect to be rewarded if that is the case.
taratill : I would suggest you raise a fornal grievance to your employer to ask what steps they are taking to ensure that a) you are not overworked and b) you are rewarded for your work.
taratill : Hopefully this will lead to a satisfactory concludsion but I am afraid there will not be much further you can do if it does not.
Customer:

do i do this via HR? - the problem being that I have no real power - if they want to push me out they will/can. Thanks for your advice, I think I'm best looking for a new job altogether.

taratill : Hi yes do it via HR, if you are unhappy in your current placement they may be able to off you an alternative.
taratill : If you have any further questions please ask. If I have answered your quesiton I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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