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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46741
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon, I would like to ask about the sytuation when

Resolved Question:

Good afternoon, I would like to ask about the sytuation when an employer changing a job position. I worked over the year with current job tittle XXX but with lower grade like others on the same position.
After consultation period they want to change my tiitle in order to not pay me same grade like for employee with XXX position.
Do I have a right to redundancy payment? Does the company has right to do it? What can I do in this sytuation?
Thank you so much for your help.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

Hello Ben, just 1 year and 6 month.

Ben Jones :

does your contract say they can do this?

Customer:

To be honest I have not checked.

Ben Jones :

So do you want to stay there or leave as a result of this?

Customer:

I would like to stay with current possition, leave if they change it.

Customer:

They have said today that I am not eligible for redundancy payment therefore I would like to know how it looks from low side.

Ben Jones :

ok let me get my response ready please

Customer:

ok

Ben Jones :

You would not be entitled to any redundancy or a redundancy payment because you need 2 years’ service for that. Also this is not a redundancy situation in the first place, it is just a change to your current contract. In terms of your rights, they will be somewhat limited unfortunately ad that is because you need 2 years’ service to get better protection in such situations and I will explain in more detail below.


 


There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:



  • Receiving the employee’s express consent to the changes.

  • Forcefully introducing the changes (called 'unilateral change of contract').

  • Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms.


 


If the changes are introduced without the employee's consent, then the following options are available:


 


1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance.


 


2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable delay so as not to give the impression that the changes had been accepted. The claim is subject to you having at least 2 years' continuous service, which is why you cannot make it.


 


3. If the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can try and justify the dismissal and the changes if they had a sound business reason for doing so. However the same requirement for 2 years’ service exists and you cannot claim that.


 


It means you wither have to accept the changes, try to negotiate with the employer to try and agree on something that suits you both or leave.

Customer:

I trid to use the first option and it seems that I need to accept the changes or leave. Once again thank you.

Ben Jones :

you are most welcome, hopefully this clears things up for you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46741
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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