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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47408
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am working notice. The Company will not issue an updated

Resolved Question:

I am working notice. The Company will not issue an updated job description or raise though the role I do now has changed drastically to the one I took on. I am now expected to train staff and hand over during my notice period the role as it is and not how my job description reads. Do I have to do this and in my contract of employment the named line manager has left the Company is this still legally binding?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When you say you are working notice, do you mean you have resigned? Also how long have you worked there for?

Customer:

Yes I have resigned because of the job description situation. I have worked there 2 years 8 months.

Ben Jones :

Good morning, if the job has drastically changed and you are expected to undertake duties which were not originally included and cannot be covered under any clause in the original contract. For example, there could be something which allows your employer to ask you to undertake such additional duties as necessary to meet the needs of the business, although these should only be applied on a temporary basis.


 


In the event that no such option existed, you can expect the employer to stick to the original terms and to honour that agreement. However, if they have forcefully tried to change its terms, then you have the following options:



  • Continue to work on the new terms until the end of your notice period

  • Refuse to work the new terms and stick to what you are expected to do under the original contract, although it could force the employer to try and discipline you. However, the fairness of such a response by them could be questioned

  • Resign with immediate effect citing constructive dismissal due to the original breach of contract by the employer


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Ok thanks. could you clarify situation regarding the named line manager in my contract that no longer works for the company. Could you confirm that if I gave one month's notice on Tuesday 10th June my last working day is Tuesday 8th July. Thank you

Ben Jones :

the fact that the names line manager no longer works is a somewhat irrelevant point - it does not make the whole contract void for example, it just means that this clause is either removed or substituted by his replacement. If you were to give a month's notice on 10th then your employment terminates on the 9th, not ther 8th

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