Can they make me do this? Contract question.

[Jewelanemone]

I was employed nearly 9 years ago by a small independent business, as a maternity cover administrator. At the end of my contract, my boss wanted me to stay on in another role which involved me taking, and passing, a qualification. After giving the new role a try, I decided I preferred my administrative role which I was able to resume as the other person had since left the business. My contract states my job title as 'administrator' and I have been back in this role for several years.

Last year, the business was taken over by a large chain. Those of us on 'old' contracts have not been asked/made to sign new ones. I am now being asked to work, part-time, in the role which I tried out previously. Can they make me do this?

Thank you in advance for any help 🙂

Do you mean they are trying to make you part time when you are full time or are they just adding responsibilities to your current admin role?

My days/hours won't change, I'll be expected to do this in amongst the admin role.

Not sure about the role you are doing, but in my experience you don’t need to be kept on by the new company. If you are not TUPE transferred. I don’t know anything about contract law specifically so would be worth researching it. Have you asked them why you are in this role and not the one you want?

I haven't asked yet but I will be when I'm back at work tomorrow. I don't see how they can make me perform a role that isn't in my contract. Surely they'd need to issue me with a new one?

In that case, yes, most people will have a line in their contract which states they will be expect to carry out 'other duties as required by the business'. Or something to that effect.

Have you chatted with your manager and discussed hiw you are feeling? What went wrong last time? I'd say if you are picking up extra responsibilities you wouldn't be out if line to ask for a raise.

Normally if a business is taken over the employees transfer to the employment of the new company under TUPE. You transfer on your existing terms and conditions of employment- same salary, continuous employment etc. If the new employer wanted to make changes, they would need to consult over it. If in doubt, contact ACAS.

Unfortunately as the PP as advised, if the tasks are commensurate with your role (salary/responsibilities) they can expect you to. However, it could be more of a work loading issue if they are trying to get you to do x2 FT roles.

I'll double check my contract tomorrow. Nothing went wrong last time,I just decided that I preferred my admin role and was able to step back into it. My manager is being asked to do exactly the same (she has the same qualification) and she is refusing as, again, it isn't in her contract.

It's a completely different role (think accountant and chef for the level of difference!) and I would be expected to take one day per week out of my very busy admin role to do the other job.

Job descriptions / tasks are rarely contractual. As has already been suggested, if the actual terms - pay, hours etc remain the same, some variation to duties is often acceptable in law.

Both the OP and her manager are potentially risking dismissal - neither should refuse without specific union / legal advice. They certainly should not rely on any advice here telling them to refuse. I'm not an expert in all aspects of employment law ( and not even lawyers are, or there wouldn't be courts) but there is no way at all to guarantee that a refusal to do this won't get them dismissed. Anyone suggesting otherwise based on the information here doesn't know what the are talking about.

I wouldn’t expect that they can do that. I was expecting the other tasks to be still somewhat related to the administration field E.g. back office work but picking up reception duties etc. Definitely pick it up with them.

Thank you everyone for your advice. I think we're both going to start looking for new jobs.

If it is only a small amount of time and largely similar to your current role they can change it rather than make you redundant, might be worth checking with acas though. Are you on a permanent contract now? Were you TUPEd over to new company?

It's one day a week and completely different to my admin role, but it's in the same building. I'm on a permanent contract, I signed it 8 years ago when I agreed to stay on after maternity leave cover, but it states my role as 'administrator', with no mention of this other role.

https://www.acas.org.uk/employee-rights-during-a-tupe-transfer/transferring-to-your-new-employer