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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46195
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I recently underwent a TUPE transfer. Since being transferred

Customer Question

Hi,
I recently underwent a TUPE transfer. Since being transferred I have been doing my normal job as I was before. However recently I have been expected to undertake tasks and duties which I have never before. These are additional tasks that are resulting in more work load and more responsibility.
When I asked if there was more pay for the additional work I was told there was not! There are roughly 6 other people that do the same role as me, but they have not been tasked with more work!
I would like some advice as I feel I am being asked to do additional work because I am an easy target and find it hard to say no and let people down!
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long is your continuous service with this and the previous employer?
Customer:

Hi Ben, I'm Ollie. I have worked for the current employer since April 2014, and my previous was since, 2008

Ben Jones : Does your contract allow for such additional work to be asked of you?
Customer:

I don't believe so, but i'm not 100% on that

Customer:

I think I would need to ask our HR dept for a copy of my contract

Ben Jones : Ok first of all it is important to check if that is the case as sometimes contracts could contain clauses which allow an employer to ask you to do additional tasks from time to time as the business requires, although even then this is something that should not be taken advantage of and they should only do it occasionally and as required. So it would not allow them to ask you to do this permanently or on a long-term basis. If nonsuch clause exists then you will be protected in a sense that TUPE preserves your original contract and all its terms so adding terms to it now by asking you to do these tasks could amount to a change to your contractual terms and conditions. If what they are asking you to do is not in your contract then you do not have to do it and even if you find it hard to say no you will have to decide whether to stand up to it and make it clear that this is not anything you are contactually required to do, or just sit back and let them walk all over you. If the employer does not do anything when you raise this informally with them, you have the option of pursuing this as a formal grievance, which is your legal right if you are experiencing issues in the workplace
Customer:

Thank you, ***** ***** get a copy of my contract have have a read through it. I know it sounds stupid but I feel like I am bullied sometimes at work by my boss to do extra things which he classes as "my job"

Customer:

Plus there is never any additional pay for any additional tasks! Which I know there can't be all the time but when its quite a big change & more responsibility, I would expect more pay in return!

Ben Jones : It could be a form of bullying and whilst everyone could be asked to do small additional tasks from time to time when it becomes obvious that this is becoming an issue and the employer is taking advantage of you then you will have to start thinking about standing up to them you can ask for extra pay but the employer does not have to agree and if that is the case then you do not have to agree to do these additional duties
Customer:

I don't mind do the small and "odd" additional task but at the moment what i'm being asked to do is in no way a small task or a short term task either. Like you say I think I need to stand up to them.

Customer:

Thanks for your advice, I will get a copy of my contract from HR. Is it worth it whilst I am waiting for my contract, to do the additional tasks and "log" how much of my day it takes or anything like that?

Ben Jones : You may do that wont hurt but also you need to make it clear you are unhappy about doing this for the time being, so that it does not look like you are simply accepting this, which could make it more difficult to remove in the future
Customer:

That's one other thing I should mention actually,

Customer:

When i was told about one of the additional tasks, I did say to my boss I was unhappy doing it as i felt it would impact my ability to undertake my current duties. I did also ask to be rewarded for it, I was then told by another "boss" that It would not impact on my day to day duties. However I feel it will.

Ben Jones : Ok as long as you have registered your dissatisfaction about doing this rather than appear to accept it then that is what matters
Customer:

OK I think I have things to do my end now. Thank you for you advice Ben

Ben Jones : You are welcome, all the best
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46195
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Ben,


 


Sorry to be a pain, I found my contract, it does not state anything about additional tasks etc.


 


I also found my job role which I transferred with, I have also a new job role for the additional tasks they are expecting me to undertake.


 


Would it be fair to say that these changes are "substantial changes" in my working conditions and these can not apply?


 


Ollie

Expert:  Ben Jones replied 2 years ago.
Hi Ollie, yes that is correct, although it would of course depend on the nature of the changes and how much they amend your existing contract. For example a few small additional tasks may not pose much or a problem, but more changes would. Each situation will depend on its own facts as you can appreciate so you would need to look at what changes have been made, how much additional work this has created for you and take it from there
Customer: replied 2 years ago.

Thanks Ben, the additional tasks have their own job profile! It is a big task to undertake, especially when I have been doing my own job for many years I quite literally don't have the time to undertake the new / additional tasks!


 


I think I need to see an employment solicitor this week and sit down with them to discuss where I stand.


 


Thanks for the additional help.


 


Regards

Expert:  Ben Jones replied 2 years ago.
No problem, hope you get this resolved

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