Job Description Review - Refusal - General - HR in Schools and Academies

2 Job Description Review - Refusal

21 Oct, 2024 13:47

Does anyone have any experience of the following or could you signpost me further please?

A maintain school SLT have collectively reviewed a new strategy within a support staff department which was discussed and consulted with employees within that department for implementation this academic year. Prior to the end of the last AY the 2 EE's affected by the revision informed that they would not be willing to do the additional task and involved their union.

The school sought JD evaluations via the LA and HR Services which came back as "no change in grade" and that the additional responsibility is reasonable. One of the EE's is paid above the JD grade and the school have obviously agreed that this will not change. The school has offered training and programmed 1:1 meetings for feedback.

EE's still refuse to complete the additional task and have informed that they are still waiting guidance from their union. It is felt that they basically do not want to complete the additional task and keep pushing back with excuses. The school have now informed that they need this addition in place to start in January as students are being put at risk (academically).

Policy wise, a refusal to work obviously follows the code of conduct, behaviour, discipline policies etc, but this is refusal based on a JD revision with no change in salary grade - (an honorarium allowance was considered but has not been approved due to the school being in a deficit budget)

I was wondering if anyone had encountered anything similar and how did you rectify it?

The school feels it has no option but to follow policy but need to be 100% sure as the school is highly unionised and absolutely every HR process is scrutinised by them.

Any advice would be greatly received. Thank you.

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Nina Waters | 0 Posts

21 Oct, 2024 14:10

Unless this is a very unusual task that has been asked of them, given that the work is considered within the grade being paid, it is likely to be a reasonable management request. It sounds like you have been considerate and fair in terms of reviewing roles and responsibilities, and that sometimes the evolution of all jobs requires us to take on different things that we may or may not enjoy.

Why don't they want to do the work? Is there a good reason (they're already working far more than their contractual hours and this is likely to break them?) or are they just not interested in doing something new? Is it a large proportion of their previous role? Is the ultimate aim to position their previous role as redundant, and that this is not suitable alternative employment?

In the absence of a good reason and assuming this is a relatively small aspect of the role that feels reasonable, I would probably progress by confirming in writing that from X date this [key task] will be part of your responsibilities, as discussed on Y date and Z date, with training or support offered as required. Refusal to undertake the task would then be a disciplinary matter.

However, if the reason you've been cautious around this is because there are some fair reasons why taking on the task would fundamentally change the role or result in a workload that's not sustainable, then try to meet them where they are and understand them.

Good luck.

Nina
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David Perry | 0 Posts

21 Oct, 2024 17:53

Jobs change and reasonable changes can be imposed.
I can't remember the exact case but this was established many years ago when a group of government (?) employees refused to use computers to do their work. The employees lost their case the change to their JD was 'reasonable'.

Whats reasonable depends on the individual circumstances as Nina has explained.
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