To refuse something that isn’t in my job description?

Hi OP

From an employers liability perspective (are they liable) it doesn't really matter if something was in your job description or not from the sense of 'are you covered for injury', as there is an acknowledgement that employees are in a position of weakness when being asked to do tasks by their employer. So technically employees are covered for injury even if they're doing a task privately for their boss (eg walking their dog at lunchtime when they're in a clerical role). If you did get injured, what the courts and the insurers would be more worried about would be if they'd taken all precautions to keep you safe:

• do you have the right equipment for the role
• have you been formally trained on how to use it
• has a risk assessment been completed and documented foe these tasks
• what procedures are there in place if something goes wrong. Eg if you're meant to be cleaning a flat by yourself, there should be a system of you checking in (eg message your manager when you get there with what time you expect to leave and messaging when you're about to leave) so that they know to come and investigate if you haven't checked in.

If you are an efficient worker as it is, I would tell them that you don't have the capacity. Say you think that working with young people should be a priority in the role that your are in because it's more relevant to your skills but if they feel that turning around void flats is a higher priority then you are happy to do this but they will need to reduce some of your other tasks.

If you take on too much, you will burn out and leave anyway. Make sure you are working efficiently, then take a realistic look at what you can manage and set boundaries. I've had this at work before, if you don't set boundaries people just pile you up with work and you end miserable and in a position where you want to leave anyway.

There are all sorts of obligations on your company around health and safety at work. Risk assessments and training for you, you need to be signing these off to show you’ve done the training too before you go anywhere near the tasks.You’ll need manual handling, working at height if having to step up onto anything, perhaps confined spaces, control of hazardous substances, there’s quite a few depending on what you are being asked to do. Yes to business insurance on your car and the company should be asking for a copy of your motor certificate to ensure you are insured for business! Alsoyes to the tip possibly not taking”commercial waste”.

I would refuse to do this point blank.

They are just trying to avoid employing & paying for a properly insured clean-up team/caretaker with access to a van to do the job correctly.

Tell them that you are not able to do this as you cannot physically carry these items or use your own car to do it.

Speak to your heath and safety rep (they are legally required to have one!). In terms of whether you have to do this or not I don't know but they must train you in manual handling and there should be a risk assessment covering this aspect of the job. If any load is too heavy / inappropriate for your body size then you should not be carrying it. You are under no obligation to use your own car for this, what if you didn't have one? Ask to see all relevant H&S docs and if you need advice go to Health and Safety Executive (HSE). Also ask AI (Co-Pilot is my fav) in detail what their obligations are. Very useful for knowing your rights as it reads all the legal shizzle for you!

I work with people that need support around their general day to day living

that absolutely do not include what you are listing I work in management now and it’s a battle with senior management who are cutting back costs on what they expect staff to do

I woudl be careful of taking on these added unreasonable taskes as more will just be added on. Start mentioning I do not this this is safe for me or I can do this safely and always by email

you are likely to have in your team someone who will do absolutely anything asked and more good management shouldn’t take advance of this

ots managements problem not yours and for them to work out how these tasks get done

It was over 20 years ago so no idea if it was in the job description but I'd imagine it was. As support workers, we were responsible for the effective running of the unit which included prepping voids alongside supporting the young people, doing the relevant paperwork etc. It was my most hated part of the job though!

Are you allowed to use the tip in a work capacity? Ours is very strict about what you can and can't do. Another angle possibly.
I don't negotiate at work generally. There is no way on earth I'd be loading stuff into my car and going to the tip. They need to budget for waste removal.
They always seem to find the budget if really needed.

And if it’s not in writing your employer can say ‘they were just doing a favour or going beyond, we didn’t know they were doing that’

you need it in writing and you need to clarify re JD. That’s the entire basis of your contractual employment

if your manager refuses to put in writing you document conversations by email to them
per our conversation at lunchtime today, I again raised H&S concerns around the material change in my duties when visiting today’s clients including heavy lifting, disposal of belongings including personal belongings…

I would focus on the safety side of things and the fact that you don’t have time to do them, rather than ‘not in my job description’ which I think can come off a little bit inflexible/difficult. We all have to do things not in our job description sometimes, but what you’re being asked does sound unreasonable.

I was expecting to say that we all do a little more/different than our JD, but this certainly goes far beyond a little difference.

Summarising the facts:

• You were advertised and hired for an ‘advisor’ role
• the duties of that role including visiting/talking etc to service users in their homes
• now you are being asked to do essentially ‘premises management’ and ‘cleaning’ functions
• this was not part of your JD

how you end the communication is really up to you, depending on what you are happy doing or want to change. Either

• I expect to continue to focus only on my core duties for which I am experienced and which I was hired for within my designated paid hours, OR
• I recognise the nature of the job is materially different than what I was advertised. I would like to arrange a discussion to document these changes and any training, contractual and salary adjustments which may be due as a result.

Id maybe look up salaries of jobs with the respective duties - you might be being shafted or if you accept the other duties you might end up with more/less pay progression.

I was in a similar situation and in previous jobs I had helped out moving heavy dirty items and taking to local tip, I was younger and wanting to please my bosses.
I started in a new role and was the asked to do the same thing, ( was a travel agent and it was getting rid of holiday brochures )
it really did weigh down my car and I would get filthy in the process and it was physically heavy to shift.
So new boss said right,we are going to do a tip run will you load up your car and take to the tip.
I said no, as it’s wear and tear on my vehicle also it was after work, it was heavy and if I had an accident in the car or carrying heavy items and injured myself or another road user for heavy load. I wouldn’t be covered on my car insurance and if I injured myself the company’ s health and safety policy wouldn’t cover me as it’s outside of company premises.
my new boss was “ oh ok then, no worries”.
She totally got it as though the penny had finally dropped !
Dont do it for those reasons, if you get injured or your car gets bashed who’s going to pay ??? It is not in Company policy for you do do this .
Your boss is cutting corners and this is how injuries in the work place happen . Do they want to be sued ?

Be really nice about it and just say, I’m concerned and have been thinking about it and actually on a legal standpoint surely the company isn’t covered if I have an accident .
So it’s best I don’t do it .

stick to your guns and be assertive,
you can do this !!

Have you been trained in every lifting? Are they following the rules about safe moving?
Are you qualified to do DIY
Unless the answer is yes to all of the above don't do it as you'll be breaching h&s laws

Sounds similar to a role I used to work in - I was a support worker for young adults leaving care. The live in facility was intended to help them transition to independent living. Cleaning and prepping void units was very much a part of my role.

Are you in a union? Is there one you can join? This is one of the many occasions when they are essential/useful.

Lifting heavy things into your personal car and doing runs to the tip are not a reasonable part of your job. What would happen if you didn’t have a car? I am also guessing you don’t have manual handling training. I would push back on this.

Don't do anything to do with your car. You're not insured to do things like tip runs, tell them that.
I once worked with someone that dropped something to a customer on the way home. He died in a crash on the way. He wasn't covered by insurance as he was performing work duties. His Wife and baby got nothing from the insurance.
Use the car as your leverage to refuse.

Do you even have business use on your car insurance?

You ask about if you have an accident - they should do an investigation.

Why were you going what it was?
Had you been given the right tools and equipment?
Had you been given the correct training? Manual handling? COSHH?
Did you have the correct PPE?
Was all of the above followed?

We're all being asked to do more. If its not something you feel you should be doing speak up? Who did it before? What's changed now you are expected to do it?

That sounds beyond reasonable. I can see how if you’re advising young adults you might help them clean or show them how to but turning around void flats takes it too far.

isnt it nice to have a bit of variety though?