HR legal question - variation of role
Discussion
Afternoon.
The mrs works within an admin function at a large international company. For the last few years, there has been an informal arrangement where, when the receptionist goes to lunch, someone will cover her and go sit on front desk. Never any more formal than "good will" on the part of all the girls that do it and at the time of starting, it was once every two weeks or so.
fast forward to now... company has been taken over and due to a couple of leavers and retirees, word is that this is to be formalised as part of her official job role/spec with cover being needed twice or three time per week over lunch and ad-hoc for receptionist holidays and sick days.
I am of the opinion that this would constitute a major change in role?, of which the company cannot force anyone to do. By covering a lunch break, the mrs either has to lose her break or work from her desk as she is busy enough doing her "normal duties" so is not best pleased.
Have suggested that if this does materialise as a formal request, then there would be grounds for legal style conversations.
Would welcome thoughts from anyone who could confirm how far a company can go in unilaterally changing job content
Cheers
BB
edit for spelling...
The mrs works within an admin function at a large international company. For the last few years, there has been an informal arrangement where, when the receptionist goes to lunch, someone will cover her and go sit on front desk. Never any more formal than "good will" on the part of all the girls that do it and at the time of starting, it was once every two weeks or so.
fast forward to now... company has been taken over and due to a couple of leavers and retirees, word is that this is to be formalised as part of her official job role/spec with cover being needed twice or three time per week over lunch and ad-hoc for receptionist holidays and sick days.
I am of the opinion that this would constitute a major change in role?, of which the company cannot force anyone to do. By covering a lunch break, the mrs either has to lose her break or work from her desk as she is busy enough doing her "normal duties" so is not best pleased.
Have suggested that if this does materialise as a formal request, then there would be grounds for legal style conversations.
Would welcome thoughts from anyone who could confirm how far a company can go in unilaterally changing job content
Cheers
BB
edit for spelling...
anonymous said:
[redacted]
er thanks.if you read the question again, you might see that it is 2 or 3 days per week and she is so busy doing her "proper" job, that she hasn't time for a lunch break herself. she has been helpful, and they are now taking advantage wanting to formalise this cover in a contract.
its not a case of bleating on as you so eloquently put it, just wanting to know her legal standing.
Her contract and job decription will probably say something along the lines of "you may be required to do any other duties as reasonably requested by the management". Inferred from your OP she hasn't lost her entitlement to a lunch break. She just feels that she can get everything done and keep on top of things by not taking 30 mins out in the middle of the day.
edc said:
Her contract and job decription will probably say something along the lines of "you may be required to do any other duties as reasonably requested by the management". Inferred from your OP she hasn't lost her entitlement to a lunch break. She just feels that she can get everything done and keep on top of things by not taking 30 mins out in the middle of the day.
thanks - so if there is such a clause in her contract (will dig out tonight) then it could be deamed a fair and resonable request. hmm....cheers
BB
anonymous said:
[redacted]
err...to be fair, my missus is a civil servant (until tomorrow) and they get ordered to cover the counter at lunchtimes and for later opening times. She often doesn't get lunch but if they haven't logged out and then back in to the system then it automatically deducts 30mins from their flexi.Deva Link said:
err...to be fair, my missus is a civil servant (until tomorrow) and they get ordered to cover the counter at lunchtimes and for later opening times. She often doesn't get lunch but if they haven't logged out and then back in to the system then it automatically deducts 30mins from their flexi.
She'll be in for a shocker in the 'real' world then! 
BerksBoy said:
The mrs works within an admin function at a large international company. For the last few years, there has been an informal arrangement where, when the receptionist goes to lunch, someone will cover her and go sit on front desk. Never any more formal than "good will" on the part of all the girls that do it and at the time of starting, it was once every two weeks or so.
fast forward to now... company has been taken over and due to a couple of leavers and retirees, word is that this is to be formalised as part of her official job role/spec with cover being needed twice or three time per week over lunch and ad-hoc for receptionist holidays and sick days.
I am of the opinion that this would constitute a major change in role?, of which the company cannot force anyone to do. By covering a lunch break, the mrs either has to lose her break or work from her desk as she is busy enough doing her "normal duties" so is not best pleased.
Have suggested that if this does materialise as a formal request, then there would be grounds for legal style conversations.
I think the test must be 'is this an unreasonable request' from the employer?fast forward to now... company has been taken over and due to a couple of leavers and retirees, word is that this is to be formalised as part of her official job role/spec with cover being needed twice or three time per week over lunch and ad-hoc for receptionist holidays and sick days.
I am of the opinion that this would constitute a major change in role?, of which the company cannot force anyone to do. By covering a lunch break, the mrs either has to lose her break or work from her desk as she is busy enough doing her "normal duties" so is not best pleased.
Have suggested that if this does materialise as a formal request, then there would be grounds for legal style conversations.
Having run several large companies, I would say that it is not unreasonable. Employees who answer 'yes, of course I can do that' might even find themselves earmarked for further responsibilities and advancement within the company. Employees who respond with a 'legal style conversation' might be regarded as troublesome and not worth retaining were there to be job cuts in the future.
NDA said:
Employees who answer 'yes, of course I can do that' might even find themselves earmarked for further responsibilities and advancement within the company. E
mployees who respond with a 'legal style conversation' might be regarded as troublesome and not worth retaining were there to be job cuts in the future.
1000% this.mployees who respond with a 'legal style conversation' might be regarded as troublesome and not worth retaining were there to be job cuts in the future.
NDA said:
BerksBoy said:
The mrs works within an admin function at a large international company. For the last few years, there has been an informal arrangement where, when the receptionist goes to lunch, someone will cover her and go sit on front desk. Never any more formal than "good will" on the part of all the girls that do it and at the time of starting, it was once every two weeks or so.
fast forward to now... company has been taken over and due to a couple of leavers and retirees, word is that this is to be formalised as part of her official job role/spec with cover being needed twice or three time per week over lunch and ad-hoc for receptionist holidays and sick days.
I am of the opinion that this would constitute a major change in role?, of which the company cannot force anyone to do. By covering a lunch break, the mrs either has to lose her break or work from her desk as she is busy enough doing her "normal duties" so is not best pleased.
Have suggested that if this does materialise as a formal request, then there would be grounds for legal style conversations.
I think the test must be 'is this an unreasonable request' from the employer?fast forward to now... company has been taken over and due to a couple of leavers and retirees, word is that this is to be formalised as part of her official job role/spec with cover being needed twice or three time per week over lunch and ad-hoc for receptionist holidays and sick days.
I am of the opinion that this would constitute a major change in role?, of which the company cannot force anyone to do. By covering a lunch break, the mrs either has to lose her break or work from her desk as she is busy enough doing her "normal duties" so is not best pleased.
Have suggested that if this does materialise as a formal request, then there would be grounds for legal style conversations.
Having run several large companies, I would say that it is not unreasonable. Employees who answer 'yes, of course I can do that' might even find themselves earmarked for further responsibilities and advancement within the company. Employees who respond with a 'legal style conversation' might be regarded as troublesome and not worth retaining were there to be job cuts in the future.
fergywales said:
What a responsible employer you must have been...
I'm not sure I understand the remark. But yes, a highly responsible employer and ultimately responsible for a significant number of staff. We enjoyed a very low churn rate and many staff who started as juniors made it through to director level.What I didn't like were chippy jobsworth types, preferring instead to have colleagues who were hungry for success.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff