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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46146
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been in employment with the same company months

Resolved Question:

I have been in employment with the same company for 20 months as a financial administrator on Wednesday 11th March myself and a colleague who was also working within the finance team were advised separately that our jobs role were changing and we would start new job roles and office on the Monday 16th March. My colleague who was originally taken on as a customer services advisor had been given a job role which I would still class as financial, whilst I who has always been employed as a financial administratior was given a customer services role. Neither myself or my colleague have a work contract, though I do still have the original job description of when I applied for my job. I feel I have been treated very unfairly I was not given a choice or a chance to apply for the other new job role. I was only given verbally two working days notice that my job role was to change. On Monday 16th I went in with two weeks written notice as I had spoken twice before handing my notice asking for a clearer job description of my new role and was told they are still unsure but it will be within customer services. They have agreed they should gone about things differently they are sorry to see me go and if I were to change my mind I could stay doing a job they can't even give a job title or job description for ? There is no nastiness from either side - just frustation to how this as all come about? And a lack of understanding on my part. Just to add to the confusion they took a lady out of customer services a week before my job role changing and put her within sales, she was very experienced within her role as a customer service advisor and I clearly do not have a better understanding of the job role to what she had? My issue is I do not feel I would enjoy the new role because it has not been explained clearly to what it is, which is why I feel I was left no choice but to hand my notice in - help I am now going to be without a job by next Friday because I do not understand my rights!!!! Do I have any ?????
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. What are you hoping to achieve in this situation?
Customer: Not really sure - I need a job, just not in customer services , I realise if I leave making things awkward it's not nice for myself , my employers or work colleagues. The new role feels like a demotion, they did not consult with me. They still are unclear what my new job is exactly? I wouldn't choose to apply for a job without a description or a understanding to what I am applying for ? If I was to leave and was unable to get further work would I be able to claim any compensation? In a real world I want my old job back, incidently the finance manager is taking on my old role has not touched my work load and there is already a back log of work to be done!!
Ben Jones :

If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you o force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

In these circumstances it means that they can terminate your current contract by just giving you the minimum statutory notice period of 1 week and your current arrangement would come to an end. They can then offer you whatever new job they want and you can either accept it or reject it, in which case you are likely to be out of a job. As you do not have the required service you cannot then claim unfair dismissal to challenge the termination. Similarly, if you felt forced to resign as a result of this, you cannot claim constructive dismissal for the same reasons. So you are really wedged between a rock and a hard place – you either accept the new job or you would be out of a job without being able to take the matter further. You can try negotiating with the employer but if they are not prepared to agree something with you then you go back to square one as described above.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer: Okay I do understand that having being employed less than two years I am at a disadvantage. However two of us were removed from our roles within the finance team. My employers had decided one of us will remain in a different job role with the finance team and my self within customer services. Surely I should have been offered to apply for thd other job position?
Ben Jones :

In 'normal circumstances' for example if you are being made redundant you can expect the employer to offer you any other jobs that are suitable and available at the time. Failure to do so could result in a y resultant dismissal being unfair or you could alternatively resign and claim constructive dismissal. However, neither options are available to you due to your length of service so in these circumstances the employer is free to do as they wish because their actions cannot be legally challenged as you do not meet the minimum criteria for taking the matter further.

Ben Jones :

Does this clarify your position a bit more?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46146
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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