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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I accepted a job with a local authority on the basis of interview

Resolved Question:

I accepted a job with a local authority on the basis of interview description of job, however on starting I find the duties are different, how can I resolve this?
Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When did you start the job?
Customer: replied 1 year ago.

My contract started on 3rd August2015

Thanks

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and 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. The starting point is that if the employer has failed to adhere to the promises made at interview they would be acting in breach of contract. So what you can do about this would depend on what the breach is. For example, if you are not being paid the rate you were promised to then you would have a case to claim the difference in pay. However, if this is a change in duties and you have not suffered any actual financial losses as a result, your rights will be somewhat limited. That is because with less than 2 years’ service you cannot claim for constructive dismissal. This is where you are forced to resign due to a breach of contract by the employer and pursue them for compensation for ongoing loss of earnings. However, you cannot pursue this here as you do not have the required minimum service to do so. Therefore, your rights will be limited to raising a formal internal grievance. If that does not succeed you would be left with two options – either accept the position as it is, or resign and leave but without the right to take this any further.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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