Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. Have you raised your concerns with your employer? If so what was the response?
yes i have . my supervisor raised it with my manage and he said i wouldnt have to go on there unless it was necesarry and i need to be till trained by the end of august!! Again as i couldnt complete it 12months ago as i get too stressed
why do they want you to be till trained if it has not been necessary in the last 10 years?
The thing is i work in the dairy and freeze department and have done very happily for over 10years. I fill up all the butters, milks, meats ets. I order produce on the phone when the supervisor is off etc. It is not that i dont want to work on the tills , I just cant do it as i feel so stressed and cant remember all the different codes etc for different items . Im not really a very confident person when working with money or meeting people face to face to serve them.. If i knew this would be expected of me then i would never have taken the job 10 years ago.
The reason they are now implementing it is we have a newish area manager who started a few years ago and is now making certain changes ie customer greetings on the door etc and all staff need till training apart from the chosen few? I feel presurised into doing something that is making me feel ill and stressed out.
I dont want to lose my job as ive been happy there for over 10 years and feel very unhappy being forced into something that i cant do. I think its also because they have lost some regular check out operative lately and i just wish i had the confidence to go on the checkout and help but i cant.
Do you suffer from stress and depression normally and have you ever needed treatment for it from your doctor?
So if i have to do this job by law after over 10years i am going to have two choices as i see it. First choice I leave and the Second choice is my employer Dismisses me ? Both are very unfair.
Yes i have suffered Depression and stress a few times and i saw my Gp when it got very Bad 4years ago . They gave me anti depressant pills and referred me to a councillor . Whom i visited for 3 or 4 sessions once a week .
Are you still taking anti depressants?
No i arnt i only took them for a few weeks and stopped after seeing the councillor . I feel ok now and am happy. At work and in my private life
Ok no problem I was trying to assess if you were disabled for employment law purposes but I do not think that this applies here.
If you have never been asked to work on the tills before then this amounts to a change in your role and your employer must act reasonably in making the decision that till work is a necessary part of the job. It will be able to do so if it can show that it is not economical to employ you to do the role you were doing previously and that till work is now necessary. If it is just that the new area manager wants you to do tills then it may not be reasonable if you can demonstrate that there will be a detrimental impact on your health.
I would suggest that you raise a grievance that you believe that this amounts to a change in role and to ask the business reasons for this. If they no longer need to employ a person to do the role that you have been doing for the last 10 years and require a person who will now do till work then you can potentially argue that this amounts to a redundancy situation.
Hopefully if you raise a grievance citing your health concerns and the fact that you believe it amounts to a change in terms and conditions they will back down.
If they do not and you are dismissed then you will be able to bring a claim of unfair dismissal.
I would suggest you visit your GP to discuss your concerns as they may require medical evidence to support your grievance.
Its the fact that ive been there ten years without having to go on the tills .which i cant understand,
Yes that's why you should state that legally it amounts to a change in role and ask if your original job (without the till aspects ) is redundant?
Yes i will bring it up with my hr department . Am i best to keep things we discuss written down as proof of my grievance?
Yes you should do that. Hopefully as I said if you raise a grievance they will rethink. You should state that they have a duty to protect your health and safety and they will not be doing so if they require you to work on the till which will harm your health.
Please let me know if there is anything further you would like to know about this? If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best and do come back to me in the future if you need to.
Yes i am now going to rate your answer and thanks again for the help..
No problem Donna, really hope it works out for you.