Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Does the contract guarantee that you work in the new shops, or is that only an option if required?
My contract says that after the opening of the shop I am supposed to stay with the new manager of that shop until he feels comfortable to run the shop on his own, then I go back to my own shop
ok but is it guaranteed that you will be sent to a new shop or is this just there as an option in case the employer wants you there, for example if they have more than one person who they can use for that and they can pick over who they choose and if necessary can ask you?
it is not guaranteed. in 2012 I opened two shops, after the openings I came back to my shop that I used to run.
what about your normal shop you work in - is that specified in the contract?
company can move a manager from shop to shop without preparing and signing a new contract. Over the period of 9 years I have used to work in different shops. My concern relates to my contract for new shops opening position. It is still valid but they took a new person who will be dealing with it, I was told that I will not be involved in new openings. Have they done a right thing?
Whilst you have the clause in your contract that states you will be involved in new shop openings and that you can be moved to a new shop as required to help with the opening, this is not guaranteed. You have yourself stated that over the last couple of years you have opened a few shops but it does not actually mean that you are guaranteed to work on every new shop and be actively involved in it. It appears that this clause allowed your employer to ask you to go into a new shop and help with the opening period but they retained the final word over this and in some instances they could ask you to work in a new shop, in other instances they may decide not to. Had this been your normal job or something which you were specifically guaranteed to enjoy, then it could amount to a more serious breach of contract but in this case it looks like they may decide not to apply something which is optional, so challenging it will not be as easy. It certainly does not stop you from challenging the employer internally over it, for example you have the grievance route at work if you want this dealt formally by the employer, but if that gets you nowhere and you wish to take the matter further, the only option is to resign and make a claim for constructive dismissal, which would be quite risky in this case.
I have two contracts with this company, one of them is as a shop manager and the other as a new shop openings manager. Does it not make any difference in here?
yes it may, it does mean that by not adhering to one contract they could be breaching that specific contract but the key again is whether the work under that contract was guaranteed or not. It is entirely possible for you to have had this contract with the intention that whenever the employer needed you to open a new shop they could ask you, but it provided no guarantees that this was to happen or how often it may happen. So it could be that you went for long periods without being asked this. But if it guaranteed that when every new shop opened you would be the one to open it then that would work in your favour. If it was not specific about this and just said if a new shop opens you can be asked to open it, not that you will be the one, then that does not guarantee you any work under that contract
I am not at home and will have to go through the contract in details. May I get back to you next week?
no problem, do you mind rating the service so far please - the question will not close and you will be able to ask me any follow up questions you have about this, thanks
sure, I will