What are my rights?

joeypesci

Work in a small org. A small org that say on their form when joining they don't recognise any union. I'm know they can't reject any so looking to join one.

Without giving too much away everyone in our department apart from me quit over pay issues. I've been, for over 10 months, doing more than my fair share to keep the department going with no compensation. The only compensation was "work overtime and we'll pay it".

In this role (I have to be vague) I started to do a job for a guy who asked me to help with something another department is supposed to do. I said I only have very basic knowledge, I can do the tiny things but nothing else. This was fine because the other department had also quit so no longer existed until a replacement was in.

Now this guy has left and I've been asked to do more for this other little job but have said "Its outside of my JD, I was doing it as a favour and not an expert". Just been told "Its a small org, we sometimes need to do stuff outside of our JD, action it now".

I'm going to refuse and also now looking to sign off sick. What are my actual rights and how does one sign off sick with stress?

turnitround

What exactly is the problem with being asked to do other work if you are being paid for the hours you work.

With only ten months in the job you ae not in a good position to be refusing or going off sick. They can let you go anytime they like without reason.

joeypesci

No no no. I'm not "10 months in the job". I'm 7 years in the job, 10 months doing 3 other peoples jobs, including mine, because they quit!

Undervalued

joeypesci said:

Work in a small org. A small org that say on their form when joining they don't recognise any union. I'm know they can't reject any so looking to join one.

Without giving too much away everyone in our department apart from me quit over pay issues. I've been, for over 10 months, doing more than my fair share to keep the department going with no compensation. The only compensation was "work overtime and we'll pay it".

In this role (I have to be vague) I started to do a job for a guy who asked me to help with something another department is supposed to do. I said I only have very basic knowledge, I can do the tiny things but nothing else. This was fine because the other department had also quit so no longer existed until a replacement was in.

Now this guy has left and I've been asked to do more for this other little job but have said "Its outside of my JD, I was doing it as a favour and not an expert". Just been told "Its a small org, we sometimes need to do stuff outside of our JD, action it now".

I'm going to refuse and also now looking to sign off sick. What are my actual rights and how does one sign off sick with stress?

For the first week you self certificate, just as you would for any illness. After that you will need a doctor's "fit" note (i.e sick note).

Be aware that most company sick pay schemes (if any) are "discretionary" so they could use their discretion not to pay you anything beyond SSP.

marcia_

 You can get information and advice here https://www.acas.org.uk/

lincroft1710

You would be better trying to negotiate something with your employer rather than just going off "sick with stress".Even with 7 years service, going off sick for a long period doesn't prevent your employer making a move to dismiss you on grounds of incapability.

Andy_L

1. You don't have the right to not do the work because it's not in your JD. There might be an "other reasonable duties" clause in your contract or it's quite easy for an employer to change a JD. You would have the right to refuse if it legally requires specific qualifications to do you don't have

2. You can probably refuse to do (some) overtime. Either because it isn't compulsory in your contract or it would exceed the working time directive, which might require you to withdraw a WTD opt out.

3. If there isn't enough time to do it all, especially if you "only have very basic knowledge” of the extra work then it's your employers problem to prioritise what gets done in the time available, but you would look better if you give them some options and the consequences of each

Vectis

joeypesci said:

No no no. I'm not "10 months in the job". I'm 7 years in the job, 10 months doing 3 other peoples jobs, including mine, because they quit!

Why are you actually still working there if it's so bad?

You've had 7 years to decide what the company is like and whether you want to work there, whilst by the sound of it others have been quitting all around you.

And now you're planning to go off sick.

So, what's the attraction of working there?

gwynlas

If you are fed up of current working practices and planning to go sick you should look for another job. You can use the fact that you have been flexible in learning new skills whilst covering for others to your advantage in looking for roles outside of your specific job description. 

TBagpuss

The fact that the work isn't in your job description doesn't mean you can just refuse to do it, however, that doesn't mean that you have to try to over absolutely everything.

It's not unreasonable, if asked to do more, to say something like "I'm already well above capacity. Which things do you want me to prioritize, as it won't be possible for me to do everything" If your boss won't tell you what to prioritize then prioritize for yourself but make ensure you document - e.g. send an email to your boss once a week setting out which things you have done and make clear that you are not able to cover everything, as you aren't able to do the same volume of work that was previously being covered by 4 people, 

If you are told 'action it now' then the answer may be "OK, but just so you are aware, that will mean I can't do x," if you are asked to take on more work, your first response should not be 'I only know the basis' but rather ' I don't have any capacity, I'm already swamped as I am covering 3 people's workload, I can't take on anything more' and if they insist, refer to your manager and ask, specifically, which task they want you to drop in order to take on the new one.

It is not your responsibility to keep the department going but as long as you do, there's very little incentive for the management to replace the people who have left.

If you aren't already, start job hunting.

Ad if you can't cope, then speak to your GP bout a fit note, but as others have said, that doesn't really solve the problem 

Marcon

joeypesci said:

I'm going to refuse and also now looking to sign off sick. What are my actual rights and how does one sign off sick with stress?

Your 'actual rights' don't including planning to claim that you are under so much stress you need to sign off sick. You actually need to be too unwell to work.

Instead of fabricating excuses (and from the way you've phrased your post, that's the only conclusion those of us reading it can draw), time to talk to your employer and agree some limits, a pay increase or whatever - or look for another job, but don't damage your own employment record needlessly.