signing contract for job you didnt take

iammumtoone

I will try to explain the best I can (please bear with me)

Lets say previously I sold Round Blue widgets (I have experience of selling Round widgets)

I applied for a job selling Round widgets (not just blue but other colours as well) This job also involved selling Square widgets, something new to me which I would have to learn. I withdrew my application for this job partly due to personal issues but also because I knew it would be too much, I knew the selling of all the Round widgets (as I did part of the job) would take up all my time and I wouldn't be able to mange the square as well.

Company then approached me to ask if I wanted to just sell just Round widgets (all colours and more of them). I agreed to this job and someone else took on the selling of the Square

Still with me...... all good so far

I have been given my new contract and it has the job title of the job I didn't apply for which involves the selling of round and square. I was previous given a job spec with this title so I have it in writing what this job title involves doing.

I don't want to sign as I don't want that job and am not currently doing it (well not all of it). I also know I wouldn't be able to do it. Company refuse to change the job title on the contract stating in future I might have to do some selling of square. A tiny bit of square selling I might be able to manage but certainly not the amount that is listed on the job spec that matches the job title on my contract.

What do I do, I am aware I don't have to sign it if I carry on working I will have assumed to accept it. Can they suddenly in a few months time give me all the extra work and say I signed contract agreeing to do it

sangie595

iammumtoone wrote: »

I will try to explain the best I can (please bear with me)

Lets say previously I sold Round Blue widgets (I have experience of selling Round widgets)

I applied for a job selling Round widgets (not just blue but other colours as well) This job also involved selling Square widgets, something new to me which I would have to learn. I withdrew my application for this job partly due to personal issues but also because I knew it would be too much, I knew the selling of all the Round widgets (as I did part of the job) would take up all my time and I wouldn't be able to mange the square as well.

Company then approached me to ask if I wanted to just sell just Round widgets (all colours and more of them). I agreed to this job and someone else took on the selling of the Square

Still with me...... all good so far

I have been given my new contract and it has the job title (I was previous given a job spec with this title) of the job I didn't apply for which involves the selling of round and square.

I don't want to sign as I don't want that job and am not currently doing it (well not all of it). I also know I wouldn't be able to do it. Company refuse to change the job title on the contract stating in future I might have to do some selling of square. A tiny bit of square selling I might be able to manage but certainly not the amount that is listed on the job spec that matches the job title on my contract.

What do I do, I am aware I don't have to sign it if I carry on working I will have assumed to accept it. Can they suddenly in a few months time give me all the extra work and say I signed contract agreeing to do it

You have answered your own question. If you carry on working you are deemed to have accepted the contract.

iammumtoone

sangie595 wrote: »

You have answered your own question. If you carry on working you are deemed to have accepted the contract.

Yes I know so what are my options?

Leave - will I be able to apply for JSA I have nothing in writing what the job I verbally accepted involves - that is not the job stated on the contract.

Stay - if I do can they be to make me do the job that is stated on the contract.

iammumtoone

Are they allowed to do this, give me a contract which is not the job I agreed to do, especially as I did not apply for the job that is listed on the contract.

theoretica

Doesn't the contract include some wording about other duties as the company requires? That would probably cover selling anything they told you to, whether specifically mentioned or not.

iammumtoone

theoretica wrote: »

Doesn't the contract include some wording about other duties as the company requires? That would probably cover selling anything they told you to, whether specifically mentioned or not.

Yes it does I have signed contracts in the past that state this, under the impression that the other duties given would be fair and reasonable.

The selling of round widgets takes up all my time and more. I am having to do unpaid overtime to complete tasks, I am ok with this its a well paid job and I expected it (especially when busy).

I have spoken to the person currently selling square and that takes 2 days a week. I can't do 7 days work in less than 5 its unreasonable. I believe the company have realised this hence why I am currently not doing it but the refuse to change/re-word the contract.

theoretica

So the issue isn't really which things you sell, but how many of them and how much stuff you need to generate? If the bottom fell out of the round widget market and no one was buying you would be happy selling other shapes?

I don't really think you will get a contract to say 'we will never try to overwork you'.

iammumtoone

theoretica wrote: »

So the issue isn't really which things you sell, but how many of them and how much stuff you need to generate? If the bottom fell out of the round widget market and no one was buying you would be happy selling other shapes?

I don't really think you will get a contract to say 'we will never try to overwork you'.

In this situation (fictitious company/job selling widgets) if the bottom fell out of the round widget job/market then there would be no job for anyone the company could not exist.

I realise a company will always try to overwork its staff they already have on the job I am doing

I want a contract for the job I agreed to do (and am doing), not one for the job I decided I would not apply for.

Even thought I used selling of two products as my example really the two products are different roles.

sangie595

Again you have answered your own question. This is the job. It doesn't matter what you thought the job was. This is obviously a new job - so you don't have any employment protection. Leave. Or do the job whilst looking for another one. You have no other options. You are a new employee and you cannot force the employer to provide you with the job that you want. Try to and you will be out of work anyway. And explaining a dismissal is just as difficult as a resignation. Sorry, but this is the job that you are stuck with until you find another one.

iammumtoone

sangie595 wrote: »

Again you have answered your own question. This is the job. It doesn't matter what you thought the job was. This is obviously a new job - so you don't have any employment protection. Leave. Or do the job whilst looking for another one. You have no other options. You are a new employee and you cannot force the employer to provide you with the job that you want. Try to and you will be out of work anyway. And explaining a dismissal is just as difficult as a resignation. Sorry, but this is the job that you are stuck with until you find another one.

No its not a new job I am still with the same company been there over two years. If it was a new job i don't think I would be in this situation as I would have seen the contract before I agreed to/started the job.

I know what the company are doing is wrong and not allowed but I don't want to rock the boat as I need a job. I probably could formally complain but don't want to just want to try to get my contact to match the job I am doing.

sangie595

iammumtoone wrote: »

No its not a new job I am still with the same company been there over two years. If it was a new job i don't think I would be in this situation as I would have seen the contract before I agreed to/started the job.

I know what the company are doing is wrong and not allowed but I don't want to rock the boat too much as I need a job. I probably could formally complain but don't want to just want to try to get my contact to match the job I am doing.

Actually, there's no evidence yet that they are doing anything wrong or not allowed. Jobs can be changed. Easily. And I think you'd struggle to convince an employment tribunal that selling something round instead of just something square, when on the same pay and terms, was unfair in law. So until you can evidence that this is something beyond the legal definition of fair, it's right and allowed! And if you aren't willing to do anything about it anyway, it's right and allowed!