Chapter 2 Outline answer to essay question

You should discuss whether the further secretarial duties and covering the switchboard are both within her capabilities and appropriate to her post as a ‘personal secretary’. You could point out that it would be relevant whether she had performed such additional duties in the past.
You should state that it is important to know whether the increased workload is likely to be permanent or temporary and whether this was communicated to Mildred. If temporary, she may be obliged to cooperate if she will not suffer a detriment by doing so. If permanent, the employer may be expected to engage additional staff or at least share the additional burdens.
You might point out that covering the switchboard might break an express term in her contract on working hours or the WTR. The employer must also comply with the common law duty of care and the Health and Safety at Work etc Act 1974. You might refer to Walker v Northumberland County Council [1995] (‘Safe system of work’).
You should suggest that Mr Smith’s abusive behaviour might be regarded as a breach of the duty of trust and confidence but Mildred is choosing to affirm the contract. You might refer to Malik v BCCI [1997] (‘To cooperate with the employee’).
You should state that if Mildred raises a grievance she will need to make clear whether it relates to the extra duties, her treatment by Mr Smith, or both.