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Can i refuse to work?

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  • Can i refuse to work?


    Back in June i was TUPE'd over from my old employer to my new employer. My old employer than gave their employes a pay rise which my new employer didn't but they have been in in discussions since then about me and a few other colleagues in the same boat recieiving one (my new employer sends a monthly bill to my old employer for my wages so they actually pay it therefor have to ok any pay rise).

    My old employer gave their forklift drivers a 97p an hour payrise, yet i found out today that my pay rise is only 44p an hour (having previously been on the same rate).

    However, i'm not employed as a forklift driver, my contract is as a warehouseman with no mention of driving a forklift in it, but they needed a forklift driver and i'm qualified so i've been dring it for a few years.

    Basically put i find the pay rise of 44p an hour an insult when my old employer can pay their drivers 97p extra but me only 44p.

    So my question is, can i now say that i don't wish to drive the forklift anymore and want to simply go back to the role my contract states?

    I know they don't have to pay me the 97p and can pay me what they want as long as i'm getting what i'm contractually entitled to but i don't wish to drive a forklift knowing i recieved a lower pay rise than other drivers on site because i find it unfair and insulting. Also i know i have to be careful when it comes to refusing to work but do i have to drive a forlift if i don't want to, if i have to do so because it's a skill i have and something i've been doing for several years so can't refuse now, even though it's not contractual?

    Just wandering exactly where i stand before i go refusing to do anything.
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  • #2
    Re: Can i refuse to work?

    Where you stand would be in jeopardy. They could dismiss you. Whatever your contract says in writing, it has been varied because you have done this work and they have agreed you do this work. Therefore this now is part of your contract. If you refuse to do the work, then you can be fairly dismissed. What your old employer pays is not relevant - if you want what your old employer pays you must either apply for a job with them, or find another employer who pays more. Your employer is not paying that amount. Sorry, but it's got to be, do the job. Find another if you don't like it. Getting disciplined and quite possibly dismissed is not the way to go.



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