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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I will try to keep this as brief and informative

Resolved Question:

Hello,
I will try to keep this as brief and informative as possible, i have been employed with the same company for over 2 years where I was initially working with another college whom had the same title and responsibilities. After an extended 3 month probation it was decided that i should take a demotion and a pay cut and was then moved onto another department due to my performance issues.
Over a year down the line and that other colleague left the business and I covered the role and my own for several months, I wasn’t asked to do this but I did it as it was best for the business in my opinion. Now a new replacement has been employed and I am expected to train that individual on the role which I was demoted and removed from without any financial benefit and my supervisor has also stressed that he doesn’t want me training that person but my manager is trying to “ pull rank” if you will.
I was wondering if I have a leg to stand on so to speak as to professionally refusing to train this new person due to the fact that I was demoted and removed from that role and didn’t actually receive any training at all whilst in that role so there isn’t any physical proof or training matrix which shows that I can actually do the role?
Any advice on this situation would be a greatly appreciated.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Does your contract state that you may be expected train others?
Customer: replied 1 year ago.
Hello Ben,Many thanks for the prompt response, the contract states that i could also have additional requests that are " A reasonable request from a manager".There is no other mention of training.
Expert:  Ben Jones replied 1 year ago.
Whilst there is nothing stopping you from trying to negotiate with the employer to be removed from such training duties, the likelihood is that they could try and argue that it falls within the contractual term you mentioned. Training new joiners or other employees could be a reasonable request from the employer, as long as it is not made into a permanent requirement. So one off requests for training can be seen as reasonable. Saying that, this is not a role which you are employed to do so to b asked to train someone for a role which you are not actually employed to do could make such a request unreasonable. Had you been asked to train them in the job you are contracted to do would have been more difficult to refuse. The issue is still that the law is not very specific on any of this – you will not find anything which will give you defined rights in black and white which you can use in your favour. It is all very much an issue of trying to argue that the request is unreasonable in the circumstances but that comes down to interpretation and in the end only a tribunal can decide on that. However, to get to that stage you need to have either been dismissed or have reigned. So it is very much up to you and the employer to reach a resolution and your best argument would be that this is an unreasonable request as it is for a job which you are ot actually contracted to do. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Many thanks for your response and i will complete the process by leaving feedback, but just to add to the points you raised.The training requested of me is actually for a minimum of 3 months across 26 different accounts and due to the new starter being unable to train the employees in his command i would also be asked to train and or guide them aswell during this period until the new starter is fuly trained and capable to do this on their own. Also if this new starter was unsucessful in their probation then the process would repeat itself.Many thanks.
Expert:  Ben Jones replied 1 year ago.
These are all factors which will work in your favour. You are basically trying to look for anything which would make the request unreasonable. So the longer you may have to do this for, the more involved it may be, etc are all factors which you may use in your favour in your attempts to challenge the employer’s request
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