Work contract/Job description

wildcatares22

hello all,
I'm just wondering can an employer change your contract/job description without the employees consent/agreement.

example. Let's say an employee(a) is hired to do a labour related job, the company he/she works for let office staff(b) go and no demand that the the employee(a) take up the role of the employee(b) without any discussion/agreement, and insist that employee has to be flexible in accordance with his/her contract, which has no written mention of carrying out any kind of administration work.



Also, on a second situation, i work in a garage/workshop, part of my job is tidying my workplace/area which is totally acceptable in order to achieve a safe workplace, i have no issue with this at all. It happened that one day before leaving work, we tidied up but forgot to clean the employees toilet(mop the floor and clean the hand basin), the next day our manager told us that the next time it happens the person responsible for cleaning that area will be fired immediately. Now cleaning was never in our contract but we do it as a matter of safety anyway, we also have no issue with cleaning. Would this be legal to sack someone on those grounds?

Thanks.

tatli_lokma

Is there anything in your contract that says 'other duties pertinent to the smooth running of the business' or 'other ad hoc duties as required' in your contact. If so then that's where they have the right to add new duties to your daily role. That said even if you don't clean the toilets you can be disciplined and this could lead to formal disciplinary procedures but you can't be sacked on the spot as that would be a breach of disciplinary procedure. An investigation would at least have to be called, or at least pretend to investigate!

wildcatares22

Thanks Tatli, my contract requires that I be flexible in my job ie tyre fitter. no mention of other duty changes required. Not one person in the company can deny that I have been flexible as over the last 11years I have bent over backways to accomadate them as in doing extra hors, days and bursting myself physically to get the job done. my job is as 24hour breakdown assist, and have for the last 4+yrs carried out this duty on my own. have on occasion(twice) finshed my daytime hours only to go straight into afterhours duties all thru the night and the back into the next dayshift without break or rest period.

I think the whole toilet thing is them been fussy/ knit-picking, as it's not to often it happens. I've done a little research on this matter and found that we would have to have a verbal and written warning before disciplinary action could be taken.
Thanks again.

tatli_lokma

wildcatares22 wrote: »

Thanks Tatli, my contract requires that I be flexible in my job ie tyre fitter. no mention of other duty changes required. Not one person in the company can deny that I have been flexible as over the last 11years I have bent over backways to accomadate them as in doing extra hors, days and bursting myself physically to get the job done. my job is as 24hour breakdown assist, and have for the last 4+yrs carried out this duty on my own. have on occasion(twice) finshed my daytime hours only to go straight into afterhours duties all thru the night and the back into the next dayshift without break or rest period.

I think the whole toilet thing is them been fussy/ knit-picking, as it's not to often it happens. I've done a little research on this matter and found that we would have to have a verbal and written warning before disciplinary action could be taken.
Thanks again.

If you have a union rep I would speak to them about the change in duties. If not maybe contact your local FLAC (free legal advice centre) with your contract and see what they advise.

WRT the disciplinary process verbal and written warnings are a type of disciplinary action. And although there are guidelines as to verbal then written etc, these are only guidelines and if deemed serious enough some matters can go directly to written warning or dismissal. I say this to you since your employer is playing the angle of health and safety when dealing with the cleaning the toilet issue so you need to be careful as in many companies a breach of health and safety can be grounds for going straight to written warning or dismissal. Regardless of all this no matter what disciplinary stage an investigation must be undertaken. Telling someone they will be sacked implies a decision is already made which they can't do.

I think a chat with FLAC would be a really good idea for you at this stage.