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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45343
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have worked for the same NHS trust for 8 years but last year

Resolved Question:

I have worked for the same NHS trust for 8 years but last year my role changed. I have never fulfilled my new role as I have had to cover for staff being off sick and I never received a new contract. Due to circumstances beyond my control I do not wish to fulfil this new role now as I didn't ever receive a new contract can my employer make me if I refuse?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What would you like to be doing instead?

Customer:

HI, I would like to be back in Thailand instead of here right now.

Ben Jones :

Yes that would be nice...but I mean in terms of work, if you don't want to fulfil this role what do you expect to be doing instead in work?

Customer:

oh sorry! I want to continue my old role the person doing this as also not had a new contract as is on long term sick leave and I have been doing this role plus that of standing in as the manager for the past 4 months with no pay increment. My manager has now returned but on a part time phased return and she expects me to start my new role. I am not prepared to do this as no patients have been seen for 12 months the service is not well thought of and I have not received any training to do this role. I do not want the demise of this service put on me which I think my manger will try and do

Ben Jones :

Your rights would very much depend on what was actually agreed at the time and the intentions that you and the employer had. You may not have been working in the new job because you were covering someone else in a different position, but if it was formally understood that you were moving into that position on a permanent basis and the covering duties were just a temporary thing whilst your colleague was away, then the employer could still argue that you were due to move to this post, even if you never actually undertook any of its duties. The same would apply even if you were not issued with a contract – it is not necessary to have a written or signed contract in place, as long as it was formally understood that you were due to move in this post on a permanent basis and these were the intentions of you and your employer.


 


Whilst you cannot be forced to do any job, if you refuse to do what the employer believes is your contracted position, they could seek to commence disciplinary proceedings to deal with this. It does not mean they will but it is an option. In the meantime, if you believe that the position is not possible for you to do, whether due to lack of training or organisational reasons, you may certainly bring these issues to the employer’s attention and request that they are put right before you are asked to do the job. You may even follow the grievance procedure to raise these concerns if you believe the issues are serious enough.

Customer: Thank you as a team we are looking at the grievance procedure but I will also look into this for myself.
Ben Jones :

If your complaints are mainly those that are experienced by the team it may be best to pursue this as a group grievance so as you are not singled out by the employer for the one that is being a nuisance (even though you should not be treated detrimentally for raising one)

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45343
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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