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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48466
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A friend applied for and got a job as a "fitness consultant"

Resolved Question:

A friend applied for and got a job as a "fitness consultant" at our local leisure centre. Since starting there, she has been put on a reception desk, with no training as to the system. The leisure centre has now employed a receptionist and has told my friend that she is no longer required.

She has not done the job that she applied for and the centre has told her that as she has only worked on reception her pay will be £1.00 per hour less than that what was offered with original job. She was described as a "casual worker" paid hourly, was not given a contract of employment. Any redress here, i.e constructive dismissal etc.?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long sshe has worked there.

Customer:

2 months

Ben Jones :

Thank you for your patience. She cannot claim constructive dismissal because to claim she needs to have at least 2 years' continuous service. The only thing she can challenge here is her pay because under contract, even if one was not signed, she is getting paid than what was agreed. A contract does not need to be in writing to be legally binding and if she was promised a specific rate of pay and took the job on that promise, then it is most likely that this would be an implied contractual term and have legally binding effect.


 


She could make a claim to try and recover the difference from what she should have been paid but cannot force the employer to change the job and to allow her to work what she was promised. Unfortunately her rights are rather limited in that respect and it is a situation where she would either have to try and challenge it internally and hope that it works, or leave.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

Customer:

Thank you for reply, she was given a contract the day she was advised of changes. There is no mention of a pay rate change depending on specific job, just a flat hourly rate. As a casual employee she was advised that there would be no regular hours as from 1st July, and would probably only be called in as holiday cover.

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