Extra duties beyond job description

[DeeBee]

For six months now I have been undertaking duties considerably above what I am remitted to do on my job description. A colleague left last year and to help out my superiors, I took on some of her role and they now constitute the greatest proportion of what I now do, but it has not been formally captured in writing.

Shortly, I intend to meet with my boss and request that my role now be re-evaluated based on these new duties and will also request that I be promoted either immediately or within a reasonable time frame to a level that reflects the increased responsibilities I have taken on and contributions I have made (essentially 1 grade higher).

Should my request for a promotion be denied, before finding another position; I am considering abandoning these extra duties and reverting to what I am contracted to do i.e. what is listed in my current job description. Do I have the right to do this?

My contract of employment states that "from time to time I may be asked to carry out duties outside of my job description that are within my capabilities". This seems rather subjective to me.

Thanks in advance.

[teaboy2]

Re: Extra duties beyond job description

"From Time to Time" is reference to temporary, not for long continuous periods of time, but largely used to support one of requests to do x task or y task.

You say you have been doing these extra duties for 6 months, but not in writing. It could be argued they are now implied terms of your contract under custom and practice, however the employer would have to prove you knew they were not temporary and that you knew they expected you to carry them out indefinitely. Which would be hard to proof, since they didn't put it in writing.

Best approach should your employer not come to an agreement with yourself is to write a formal letter stating quite clearly the duties your referring to, and how you do not agree to them being added to your contract via variation of contract terms, and are therefore working under protest. Then consult ACAS as they can act as a mediator. Do not however refused point blank to do those extra duties, as they could dismiss you making the situation even more complicated then it already is! Basically they are in breach of contract for trying to force you to work new terms without your agreement to such new terms!

[DeeBee]

Re: Extra duties beyond job description

If anyone's interested, I did get my promotion in the end. Being moved under a new manager helped as he was on board with it, otherwise I might have struggled. My case was strong though and I was ready to work to rule should they have said no.

[teaboy2]

Re: Extra duties beyond job description

Great to hear - Pleased you got the promotion and that the issue was resolved quickly and amicably in your favour!