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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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This is on behalf of my daughter, she works in

Resolved Question:

Hi
Hello
this is on behalf of my daughter,
she works in a childerens nusary in kent, she feels she is doing all work in the particlular child room she is working in without the others putting in as much effort,
she spoke to her manager to ask if she could have a room change and swap with some one else, last night as she went to leave work her supervisor not her manager came up to her and said she is being transfered to another one of their nusaries not far away from monday without even discussing it with her, even though in her contract it says she can be based at either nusary, she does not want to leave where she is and like working there,as her son also is in there, she thought by asking for the move she would aslo develope herself with different age children.
can they just do this, she has never really got on with her manger who has only not long been promoted, she just feels that they are forcing her to leave as they no she wants to stay where she is and only swap rooms not locations.
has she got any choice?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has she worked there for?
Customer: replied 1 year ago.
6 years
Expert:  Ben Jones replied 1 year ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Whilst her contract states that she could work in either nursery if she has been in the current one for most of her time with this employer then it could have become an implied contractual term that it is her permanent place of work. Therefore, this change could amount to a change to her contractual terms and conditions. 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 must be submitted in an employment tribunal within 3 months of resigning and is subject to you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions.
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. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, you can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply.
Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved to change any term, so as to evade the general rule that changes must be mutually agreed, courts will rarely enforce such clauses. Nothing but the clearest language will be sufficient to create such a right and the situation must warrant it. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably and can be challenged as above.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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