How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

A Storeperson working at one of our branch locations refuses

Resolved Question:

A Storeperson working at one of our branch locations refuses to undertake any additional tasks to his role. Obviously as times change so do the needs and requirements of the business. Over time the role of Storeperson has become known as a Warehouse Operative with some additional duties such forklift truck training (in order to aid unloading and loading orders) and also delivering goods to customers in case such as holiday/absences. We have ask the individual if he would take up the forklift truck training and on several occasion he has point blank refused which means the Operations Supervisor has to come out every time this function is required and it is becoming a strain on the Ops Supervisor as he is constantly being taken away from his duties to load and unload order throughout the day. The Storeperson doesn't hold a current driving license and is not able to step in at short notice if the Envoy is off sick (the branch only has one Envoy). It is a small branch but this resistance to change is becoming a strain and a frustration to the team. The individuals is 63 yrs of age and will be 64 in Sept of this year can you suggest a way to go with this as I am currently swaying towards making the Storeperson role redundant and introducing a warehouse operative role which I will obviously give the current individual the opportunity to take up the role but he won't obvouisly be able to drive. Is there anything wrong with this approach. The individual concerned has been with the company for 15 Yrs.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello are there any other roles this person could do instead?
Customer: replied 11 months ago.

currently not, as the branch is very understaffed

Expert:  Ben Jones replied 11 months ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 11 months ago.
Thanks for your patience. Your proposed approach is exactly what I would have suggested you do in the circumstances. You can’t force the person to do these additional tasks and whilst you can introduce changes to his contract to try and include these but he could still refuse to do them in which case you have to involve yourself in disciplinary proceedings for insubordination, which can get messy and sour the relationship between you. So the best approach would be the redundancy route where you state that the current job is no longer required and create a new job with the required duties and responsibilities, allowing the person to apply for it. The only issue with this approach is your financial liability because if he does not take up the new job and reasonably refuses it then he would be due redundancy and with 15 years’ service that won’t be too cheap. But at least you know it would be the least risky approach.This is your basic legal position. I have more detailed advice for you in terms of the procedure expected of you to ensure a redundancy is fair, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.
Thank you. To ensure that a redundancy is considered fair you must identify that there is a genuine redundancy situation to start with and then follow a fair procedure. Redundancy occurs in the following circumstances: 1. Business closure – where the whole of the employer’s business is closed2. Workplace closure – closure or relocation of one or more sites3. Reduced requirement for employees to carry out work of a particular kind You will be relying on the last one of these. Then you must follow a fair procedure, which would involve advising the employee their position is at risk of redundancy, consulting with them, offering them suitable alternative employment and if that is not available – proceed with redundancy.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions