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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46146
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently a Manager, taking on the role for six months

Resolved Question:

I am currently a Manager, taking on the role for six months and have decided that this is not for me due to work load and stress. I have asked to step down to deputy, which has been agreed. A new manager has been appointed and the current supervisor is going on maternity leave. I have been told because of hours that I will be given a maternity cover contract,so when this person returns my hours will be cut.At the moment I have a full con tract and I have worked for the company for over five years. Please can you tell me how I stand on this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What position were you in before you decided to take on the role for 6 months?

Customer:

I was a supervisor

Ben Jones :

is your old job no longer available?

Customer:

My job was a supervisor and when I was asked to take the Managers position,an assistant was moved up to supervisor.Now she is leaving on maternity.I have been now asked to be deputy and when the lady that is going on maternity will still remain supervisor when she comes back.

Ben Jones :

what was going to happen once the 6 months in this role ended?

Customer:

my job was permenant as a manager it was my choice to move roles not the management.

Ben Jones :

ok let me get my response ready please

Customer:

I must also add that I was under the doctor for work stress and this the reason that I want to give up my position

Ben Jones :

Because you accepted the manager’s position on a permanent basis, you would have given up your rights to the supervisor’s position once you moved jobs. So if you later decided that the manager’s job was not for you and asked to move back to your original post, you would not be guaranteed to slot back into your old position and do the hours that you were doing back then. If someone else was appointed in your old position, they would then have permanent rights to it and you would second choice so to speak.


 


So if you have asked to go back to your old post but someone else is occupying it, you cannot bump them to get that position back. If the opportunity exists to take that position on a temporary basis, such as on maternity cover, then you may do so but that would only be a temporary fix. Once the fixed period has expired you will not have a guaranteed post and the employer will have to look at what is available at the time to see what they could offer you to do instead. They should not say now that they will cut your hours once the cover finishes and they should instead wait until that happens and see what they can offer you and only then should they be considering a cut in hours if that is all that they can realistically do in the circumstances.


 


The stress issue is relevant but is separate – the employer has a duty under health and safety regulations to ensure you are not exposed to stress in the workplace (easier said than done, I appreciate) and they should take measures to try and assist you, such as lightening your workload, offering you an alternative post, etc – but that does not guarantee you your old job back.

Customer:

Thank you for your advice the only other thing is that I will not actually be going down to supervisor but Deputy Manager ,which is a new role ,but I understand that there is only a certain amount of hours in the pot .I do feel that I am being punished for making this decision by being put on a temperory contract.Is there no way that they can give me a permanent contract on the condition that when the supervisor returns hours will have to be negotiated.

Expert:  Ben Jones replied 2 years ago.
Hi, there is nothing stopping you from raising this option with the employer and trying to agree a permanent contract but you cannot force them to do so. In any event, the law would still offer you protection against unfair dismissal because that is based on your length of service, where you need at least 2 years of continuous service to qualify. So whether permanent or temporary contract, the protection is there for you anyway, which means the employer cannot just seek to dismiss you later and they need to show there was a fair reason for doing so and also follow a fair procedure – the same requirements that any permanent employee would expect. But by all means try to negotiate a permanent contract, you have nothing to lose by doing so.

If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46146
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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