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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47387
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ive been in my job for 5 months in a role I am unfamiliar

Resolved Question:

I've been in my job for 5 months in a role I am unfamiliar with. I have come from an IT background into an Admin Manager role - I have never done admin and have only been on managerial courses. I have not been given the chance to learn the admin side of the job before being relied heavily upon for the managerial side; I have tried to ask my manager for help but she does not seem very understanding and tends to say that it is part of my job. It is making me sick with stress and the very thought of going to work makes me worse, every minute of being there I hate and all I want to do is get out of the job but do not know where I stand. Please can you help me
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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

Ben Jones :

What do you hope to achieve please?

Customer:

Ideally I want to return to my previous role at IT however I know this is not possible as they cannot rehire me now that I have taken this position

Customer:

I just need to know where I stand and what I can do as the thought of going into work is making me feel physically ill and is having an affect on my home life

Ben Jones :

So this was an internal move with your existing employer?

Customer:

I'm at a loss. I can barely get out of bed in a morning without crying I hate it that much

Customer:

I work for the NHS

Customer:

I applied for an internal position within a new department

Ben Jones :

So was the job misadvertised or it just wasn't what you expected?

Customer:

Wasn't what I expected, in the beginning I had the support from my manager but one of the colleagues had warned me that once the new year came that would all changed and it appeared she was right

Customer:

I have not had chance to get to grips with the admin side because I was expected to get on with the managerial side immediately - neither of which I am familiar with from my previous role

Customer:

The job description for my current position was fairly vague

Ben Jones :

ok let me get my response ready please

Customer:

ok

Ben Jones :

This is an unfortunate situation you have found yourself in. Whilst you will have certain rights they may not necessarily be easy to apply and it depends on the individual circumstances but I will explain your legal position below.


 


If you have started a new job and it does not match your expectations then first you need to establish if this is because the employer has misrepresented the job and what you are doing does not match what you were promised. In that event it could be a case for potential breach of contract. Whilst you may ask to be placed in your old position that may not necessarily be possible if there is no longer a vacancy or a policy prevents that from happening.


 


You could also try and pursue this by concentrating on the stress you are being placed under. 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.


 


In terms of taking the matter forward you only have a couple of options really:


 


1. Grievance - this is a formal internal complaint, following which the employer is obliged to investigate the issues and deal with them in an appropriate manner. It should always be the first step in trying to bring the problem to the employer's attention and to try and reach a resolution.


 


2. Constructive dismissal - this occurs where the employee resigns because they feel they were left with no other option in the circumstances. Further considerations include:


• It must be shown that the employer had acted in breach of the implied terms to provide a safe system of work or through their actions (or inactions) had broken the mutual trust and confidence


• The breach relied on must be sufficiently serious to justify instant resignation


• This claim is only available to those with at least 2 years' continuous service with their employer and must be made within 3 months of resigning.


 


Obviously constructive dismissal is a last resort option and only to be used if no other option exists and you feel you cannot continue working there as a result and there are no other options that would keep you in a job there.

Customer:

Alright thank you very much

Ben Jones :

You are most welcome

Customer:

would you know if I take up a grievance through HR? I've never had to do this before so I am unaware of the procedure

Ben Jones :

the NHS will have a grievance policy in place which you should follow - it is either raised with HR or your line manager but check to be sure. If you cannot find it then approach your manager first as they should know

Customer:

ok thank you very much I appreciate your help

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