I signed a contract of employment for a specific job and when I started the job it is completely different from the one I was interviewed for. I did not receive a job description until two weeks into the job, I had asked for a job description at interview but was told that there was not one. I gave up other opportunities to take this job but now this is not the job advertised and I done like it. What is my legal position can I sue? If so for what? I am still in my probation period but I am planning to give notice tomorrow. Would I be entitled to loss of earnings? I will have to look for another job which could take months
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When did you tart working there?
5th of January 2015
still awaiting an answer to my question?
Hi, sorry I provided my response last night but for some reason it appears it did not register so I will try again.
Your rights will unfortunately be rather limited in this situation. This is because until you have at least 2 years’ service with the employer you are not protected against unfair or constructive dismissal. It means that you can be dismissed or forced to leave for more or less any reason without being able to challenge it. It will include the situation you have found yourself in. You may have been promised a specific job which did not materialise. Normally you would be able to consider resigning and making a claim for constructive dismissal but as you do not have the required length of service you are not able to do so. Therefore, the best you can expect in the circumstances is to be paid for the time worked to date as well as the notice period you are due under contract. You would not be able to claim for future loss of earnings because you could have easily been dismissed within the first 2 years anyway without there being any liability on the employer to justify why they did it and all they would have had to pay you is the notice period I mentioned. So that is the best you can expect in the circumstances I’m afraid. There is nothing stopping you from approaching the employer to try and negotiate something, whether it is a different job or even some compensation but if they refuse to then you would not be able to challenge their decision.
Hope this clarifies your position? If you could please let me know that would be great, thank you
I am having problems trying to rate you?
I resigned today!
Thanks for the update and sorry to hear you had to take that decision. Please let me know if you need me to clarify anything else in relation to your position?