Not in my job description?

When your manager asks you to do something that seems to be beyond your usual responsibilities, it is not advisable to respond with the phrase, “That’s not in my job description”.

Job descriptions are not legally binding contracts, but they can be used as evidence in legal proceedings if there are questions or conflicts about the job. While they provide guidelines for employee roles, inconsistencies between a job description and actual responsibilities can lead to legal disputes.

Most people carry this non-chalant attitude because they don’t want to be held responsible if anything bad happens to the people under their care. They do it to protect themselves against liability reasons. The problem is that they have a duty of care.

This is the View from Where I Sit vs the view from where you sit!!!

Job descriptions aren’t comprehensive, and most people end up doing work that doesn’t align within their job description. Refusing to do a particular task because it’s not in your job description is a good way to lose the support of your boss. Instead, focus on your situation and your capabilities to take on additional work.

Some job descriptions will have sections which express qualifications and or attributes which are required for the role. It could be easy to unintentionally fall foul of a protected characteristic here and discriminate due to some poorly chosen wording. The law doesn’t offer a definitive guide on what should or shouldn’t be included, but uses a test of what might ‘reasonably be understood as indicating an intention to discriminate’ and whether if the “ordinary” person looked at it, whether they would consider it discriminatory.

A legal framework is provided in the Equality Act 2010 to tackle disadvantage and discrimination, and this framework applies to job descriptions too. The Act details 9 protected characteristics which individuals cannot be treated unfairly as a result of. These are age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, gender or sexual orientation.

The Disability Discrimination Act 1995 defined disability as physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. The act provided protection against discrimination in several areas, including:

  • Employment and occupation
  • Education
  • Transport

This made it illegal for employers and service providers such as shops and restaurants to discriminate against someone because they were disabled. The legislation bans employers discriminating against jobseekers and employees with disabilities. And it also bans service providers from discriminating against service-users with disabilities. It places a duty on employers and service providers to make reasonable adjustments for people with disabilities.

And that is the View from Where I Sit!!!

https://www.hcrlaw.com/blog/its-not-in-my-job-description/#What%20Are%20The%20Legal%20Aspects%20to%20Be%20Aware%20of?

Protection against disability discrimination | nidirect

https://www.bbc.co.uk/news/explainers-54823810

https://uk.indeed.com/career-advice/career-development/that-is-not-my-job

https://www.mindtools.com/a2h3mte/thats-not-my-job https://www.calltherightattorney.com/blog/2022/11/can-i-be-fired-for-refusing-to-do-work-outside-my-job-description/#:~:text=Can%20I%20be%20legally%20fire,dictated%20at%20the%20times%20required

https://caul-cbua.pressbooks.pub/aep/chapter/rights-and-privileges/ https://www.differencebetween.com/difference-between-rights-and-vs-obligation/

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About Daniella-Jade Lowe

Hello, My name is Daniella Jade Lowe. I am a PURSUN researcher and I am working on marketing myself as an Accessibility Consultant. Journalism and Politics are my passion. I have a BA degree in History and Politics. What type of disability do you have? At birth, I was diagnosed with Spina Bifida and Hydrocephalus which are neurological conditions. As a result, I use a wheelchair for mobility. What is disability to you? The only disability is a bad attitude. I have a disability. It doesn’t completely define me; it just enhances me in a way which differentiates and strengthens me. My disability should be viewed as an ability: to see the world in a different way. I don’t really like the term because sometimes it indirectly implies someone is dysfunctional or helpless. The most important thing is to never make assumptions. Someone with a disability can be very, physically, fit and strong, highly intelligent and articulate. What has been your experience from the time you remember till now? - positive and negative experiences. My life as a wheelchair user has been generally okay. Wheelchair Accessibility is frustrating. I was teased a little in school. Other than that, life is great. How do you cope with: -daily activities - your disability, do you have times when you are down - people's reactions towards you. I have carers, a Social worker, District Nurses, a GP, and extended family in this country. I am also in contact with a local disability charity in Yorkshire. I also have a friendly landlord. How do you keep yourself motivated? I must stay organised and practice good time management. I also prioritise my plans. What is your word or advice - to those with disabilities? - to the society Don’t let people put you in a box. You have a voice, use it. 10. Tell us about your platforms if you have any- Blog: The View from Where I Sit Facebook: Daniella Jade Lowe Instagram: @daniellajadelowe/@theviewfromwheresitblog Thank you!