Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Does your contract say anything about the possibility of being moved to a different department?
And do they want you to move to this department permanently?
According to your contract your employer could ask you to take on such additional duties as necessary or ask you to do something different as required. However, this does not just allow them to permanently change your position and this is really intended as a temporary thing, where you are asked to cover in another department or assist on a short-term basis. So the initial move in itself is not unlawful as that is allowed under contract.The issue really is how this job is affecting you. Whilst stress in the workplace is becoming an ever-increasing problem, no specific legislation deals with it. The rights of employees in these circumstances are scattered across various legislation and common law examples.
A good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce the incidence of stress at work. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence.
You certainly need to raise these concerns with the employer and make it clear how this is affecting you. Remind them of their duties to deal with stress and if they ignore your please then you can consider going down the grievance route to make a formal complaint with them. The steps after that can be somewhat drastic as it would require you to resign, so unless the situation becomes impossible and you believe you can no longer work there as a result, try to fight it internally as described above