How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46759
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Dear Sir/Madam, I have been working for company for 9 years

Resolved Question:

Dear Sir/Madam,

I have been working for company for 9 years as a retail manager. Two years ago there was a vacancy for new shop openings manager that I applied and I got the position. My contract says that if there are new shops to open I am taken out of my shop and do the opening of new shop. Last year there were changes in our company, HR department was replaced by new people and they employed a person /junior project manager/ who will be dealing with the openings of new shops this year. I was told that I will not be involved in this job. What is more, I was transferred to a shop that is supposed to be closed down and I have a feeling that the company is trying to get rid of me. I think they realized that I have a contract as a new shop openings manager. What can I do with it?

I would be grateful for your help,

Regards,

Robert
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. Does the contract guarantee that you work in the new shops, or is that only an option if required?

Customer:

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

Ben Jones :

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?

Customer:

it is not guaranteed. in 2012 I opened two shops, after the openings I came back to my shop that I used to run.

Ben Jones :

what about your normal shop you work in - is that specified in the contract?

Customer:

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?

Ben Jones :

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.

Customer:

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?

Ben Jones :

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

Customer:

I am not at home and will have to go through the contract in details. May I get back to you next week?

Ben Jones :

yes sure

Customer:

thanks

Ben Jones :

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

Customer:

sure, I will

Ben Jones :

many thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46759
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions