New job description

Smallfry1

My employer has issued new job descriptions to all staff. They say it is so all staff doing the same job have the same job description. I have refused to sign as I'm not happy with a clause that says I must do any reasonable duty requested. I feel this gives them too much power and could mean I have to work outside my normal hours. They are saying they need to take further legal advice as I have refused this. What can they do? Can they sack me? I have worked there for just over 2 years.

WestonDave

Firstly that is a pretty standard clause in the contract which shouldn't be construed as giving them total control - say asking a secretary to go and carry out brain surgery - the word reasonable is there which in legal terms means that it has to be a reasonable request. Its generally there because things change - your employer might need to make some minor changes to operational things that don't warrant a re-writing of a contract but are reasonable - asking a secretary to use a word processor rather than a typewriter etc.


Secondly whilst I'm not sure whether they can actually sack you for it, I have a vague feeling it might count as you effectively resigning. In any event - what can they do - make your life miserable until you leave. For a start don't ever expect another payrise - and as you've refused to sign the contract that everyone else has, you can't argue that everyone else doing the same job has had a payrise because of course they are doing a more flexible job than you are now.

speakingofart

In theory, yes, they can dismiss and offer to reengage you on the new contract. Whether they're likely to depends on the business, but in honesty the above is a VERY standard clause - most employers will expect some work now and then outside contractual hours as well. Do you have specific reasons you'd be unable to do so?

I would talk to them and try to offer some solutions if so, as they're unlikely to just agree you don't need to sign!

getmore4less

There a quite a few implied terms in all employment contracts, doing reasonable tasks as required is one of them.

Companies put the clauses in to make it more obvious as not everyone is aware of the concept if implied terms.

Anything else been going on one aspect of more definition of job descriptions males pooling for redundancy much more clear cut.

Flexibility in the workplace is often a selection criteria.

Hours and flexibility with those is often a different type of clause.

ReadingTim

The key word is reasonable, and what it's getting at is that, within reason, you're being asked to do what's necessary to get the job done, rather than working to rule. So, during a busy period maybe come in a little early or stay a little later, rather than marching out of the door a 5.30pm (or whenever) come what may. It's not a blank cheque for them to tell you to do whatever they like, such as work massively out of contracted hours, at weekends etc.

As for being sacked - they'll simply serve you notice and terminate your contract as per the procedure set out in your contract of employment. Should you wish to enter into a new contract with them, with slightly different terms, then that's your choice.

But no, they're not sacking you. If anything, you're sacking yourself. Seek legal advice if you like, but I suspect any self-respecting employment law expert will tell you this sort of clause is so standard it's not worth dying in a ditch over. Nor will you endear yourself to your employer because there's no reason to point blank refuse a reasonable request - you're basically saying you're an unreasonable employee. Your call.

ohreally

Can you negotiate around "any reasonable duty requested" to be commensurate with your roile?

Join a trade union.

Diamandis

I don't think I've ever had a job that didn't have this as part of the contract. It seems perfectly reasonable for them to ask you to do reasonable other duties when required.

How would it affect you if they ended your contract?

Smallfry1

I have asked for the wording on my job description to be changed to say reasonable requests within my normal working hours. They've said no as I'm on a zero hours contract so they say I don't have normal working hours and they want all of them to say the same and everyone else has signed. Could I claim constructive dismissal as I don't want to work outside my normal hours.

Smallfry1

No specific reason other than I don't want to work outside normal hours

IAmWales

You do not have normal hours if you are on a zero hours contract.

You can claim for anything you like. You wouldn't win.

lincroft1710

Smallfry1 wrote: »

I have asked for the wording on my job description to be changed to say reasonable requests within my normal working hours. They've said no as I'm on a zero hours contract so they say I don't have normal working hours and they want all of them to say the same and everyone else has signed. Could I claim constructive dismissal as I don't want to work outside my normal hours.

On a zero hours contract they don't have to offer you any work if they don't want to. And if an employee starts being unreasonable in their eyes, they can just forget he/she ever existed.

Suggest you dig out your trusty Papermate (other writing instruments are available) and sign that contract, pronto!