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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer has reallocated almost all my responsibilities

Resolved Question:

My employer has reallocated almost all my responsibilities since I've handed in my notice, without giving me anything else to do of an equivalent nature. Is this breach of conract? If so what are my rights? I have a 3 month notice period with the employer having the ability to extend for a further 3 months if I'm going into a competing job (which I am).
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. have you spoke to your HR department about the situation

Customer:

No - we are a small company and I want to get some impartial legal views before taking this further

Ben Jones :

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.

Customer:

Great, thanks.

Customer: Hi Ben
Customer: you don't seem to have answered my question so I'm not able to rate your service at this point.
Ben Jones :

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

Customer: Perfect, thanks for your reply which basically confirms what I thought. I am due to speak to my boss this afternoon so clarity on the matter will help a great deal!
Ben Jones :

you are most welcome and sorry for the technical issues earlier

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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