Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. have you spoke to your HR department about the situation
No - we are a small company and I want to get some impartial legal views before taking this further
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Hi, sorry I did post my response earlier, for some reason it does not appear to have registered – my apologies for that. I will try again.
During your notice period you and the employer continue to be bound by your contract and if you have a specific job and duties in there then you can expect them to honour these up until your employment terminates. There could be a clause which allows them to give you such other duties as they see necessary so it is important to check whether such a clause exists as that could allow them to amend your duties temporarily, such as during your notice period. However, in the absence of such a clause they would need to stick to your usual job description and allow you to perform these duties.
If they change your duties without having the contractual right to do so then you are correct that this is a breach of contract. This would allow you to consider resigning immediately and making a claim for constructive dismissal and perhaps seek payment for the remainder of your notice period which you would have worked through had you been allowed to work as normal.
Before you go down that route it is recommended that you try and resolve this issue directly with them by going through the formal grievance procedure. If that does not work then you do have the option above if you feel you have nothing else you can do to resolve this.
Hope this clarifies your position? If you could please let me know that would be great, thank you
you are most welcome and sorry for the technical issues earlier