Substantial changes to Job Description

[bewillded]

I have been off sick following a car accident (7 months ago) and am just returning to work. Employers want to alter my Job description to only one element. This element didn;t even take up 1% of my previous role and now its going to be 100% without any discussion or agreement. I am not getting a new Job description they are just focusing me only only one element of my previous JD. Can this be done? I feel i do not have the skills or training to focus on this role 100% which will be counselling emotional children.

Any help out there as to what i should do? I want to raise a grievance saying that i do not accept the changes and want my old role back?

[circumhrgirl]

Hi, am new to this forum but hopefully I may be able to help here. I guess the crux of the issue is why they are changing your job. Are they changing it to assist you with your return to the workplace? Has someone else got your role? Are they making redundancies? Have the needs of the business changed? Initially I would suggest you call a meeting with them again to discuss this so that you can understand where this change is coming from. I think you need to explain that you don't have the skills and abilities to do this proposed change, and ask how they intend to train you for this new role. If you start working in the new role, then by law you will be deemed to have accepted the change in your job description. Business changes and redundancies are legitimate reasons for changing employees roles, but there does need to be an element of consultation here, rather than forcing it on you as soon as you walk through the door. If an informal discussion doesn't assist you or bring some resolution, then you could go through the grievance route, but I personally feel a grievance is a last resort. It may be that your old role is redundant, and therefore you could ask them if you refuse to accept the change to the role, what they intend to do. I would recommend you take notes of any conversations you have, and correspondence on email etc. All of this will need to be used should you go down a grievance route, or an Employment Tribunal.

[bewillded]

Thanks very much for your response. I work in a school and my job still exists just that the head and my co-colleague appear not to want me to do my old role. I have had a meeting with the head but he appears adament that i won't be doing my old role - no reasons given why. I am going to contact him today to state that i am unhappy with the proposed changes in percentage terms, i have mentored i pupil for no more than 20 hours. I am contracted to work 1332 hours per school year so this equates to 0.015% so an increase to 100% is very substantial and fundamental.

Any help is gratefully received.

[circumhrgirl]

Hi, given you work in a school, I guess you may be in a union? If not, I would suggest you contact them and see if they can offer you some assistance here.

The change in your job description is a substantial change if it has increased that much in percentage to be being the sole responsibility. An employer can change job description duties, providing they have done adequate consultation, put it in writing and given you training and a notice period of when the change is due to take place. You need to find out the reason why they have changed your job requirements, and if it has just affected you, and if so why. Legally they have to tell you the business reason, as they are making a change to your contract of employment by changing the nature of your job.

Are you open to redundancy? You may have a case to argue that your role has been made redundant. Also, if the role is substantially less in responsibility, are they proposing to demote your pay or grade? Explain to them in your meeting that you need more information, and ask what other alternative options they had instead of making this job change.

As before, you need to get them to put it in writing to you, and take notes of everything. Hope this helps.

[bewillded]

Been back this week, feels like i've been sent to Coventry as everyone really hostile. Sat in same office at a childs desk with a VDU that i have to look down on so all of these aspects need looking at. Someone else is doing most of my role and 'm now expected to 'grow' into how they want my role to alter from my role that i was doing before i went off sick. New process to pick up underperforming children in lessons and tackle any issues. I'm not doing any aspect of my previous role as my hours now steadily increase i'm wondering what i can do. Head also wants be to work in classrooms which is not in current job description but answer was that job description states i support pupils and does not specify place that this happens so it can be in class or in the behaviour unit! Any ideas for way forward?

[circumhrgirl]

Hi, it's a bit difficult to give my HR opinion on this without knowing all the full details of your story. If someone has been off sick, an employer would have had to found a way to cover the work so absorbing it across a team or having another person doing it would be reasonable.On your return it wouldn't be unreasonable for them still to be doing this, to help settle you back. However, on your return you should expect to have your old role back. If the needs of the business (or school) has changed, then they should still have formally consulted with you about the change. It's not acceptable or legal to give your job away to someone else.

 

You have a couple of choices here: 1 -take out a formal grievance, 2, make an informal complaint (as described in my previous thread)3: do nothing and accept the change.

 

Being totally honest here, if you need your job and you need to pay your mortgage etc, then making too many ripples is not going to help you. Being in a double dip recession, I'm not sure how easy you would find it to get another job, if you resigned or took redundancy. If you take out a formal grievance, you are unlikely to ever get promoted, and it may be the death of your career in this school. Grievances never result in great working relationships after they have passed. I speak from an HR persons experience in private and public sector.

 

I think you still need to understand why they have made these changes, and reading your thread, I don't think they have explained this fully to you.Why give a colleague your job, and ask you to grow into another role? Why give you a child's desk to work at on your return? Are you definitely sure your colleagues are hostile, or are the changes getting to you since you have returned? I think you need to go back and speak to the headmaster again and get all of your questions answered. Don't be afraid to ask direct questions. It might make them backtrack on what they are doing. Take in a list and go through them point by point, and keep drilling down till you get the answers you want. Write down what they say. As before, go and seek union help, if you feel they are not listening. Otherwise, there is always ACAS and the CAB.

 

I think you have to be happy with whatever route you take here, and only you can know where to go with this and choose that route.