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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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24 June 13 I was interviewed and taken on as Accounts Assistant

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24 June 13 I was interviewed and taken on as Accounts Assistant by current company. Contract stated Finance Officer when given - no job description given. In Feb 2014 MD had a chat with me about credit control asking for more effort - not documented/no disciplinary action taken. In October 2014 had appraisal - everything okay. I asked for more responsibility in relation to monthly reporting before my next appraisal as I had started an Accounts course in my personal time to assist with work. In Nov 14, temporary Credit Controller started. When taken on permanent I was asked to supervise her and was involved in all probation meetings and appraisal. In May 2015, MD employed Senior Finance Officer in charge of myself and different colleague undertaking monthly management reporting/etc. In the meantime, company advertised PA position which I applied for as was worried about my position. Checked with HR that I would not be penalised for this and they advised 'No' as the Company likes to encourage personal development. 13th August, Director asked to have a chat with me about my role and advised that I cant be happy in finance as I had applied for PA position and why had I and that with immediate effect I would not be the supervisor for the Credit Controller and that she wanted another meeting with me the following Tuesday to discuss my role. I asked if she wanted me to bring anything to the next meeting and she advised I could bring a copy of my appraisal if I wanted to. 18/08/15 had meeting with Director and my boss was in the meeting as well and I was advised that I did not have the relevant qualifications /experience for the position of Finance officer and that my role in finance would end that Friday (21st Aug) and there was a position within the organisation of Compliance Officer that I would be moved to from 24th August. I asked about my current salary which the Director stated would be kept the same and she also advised that my holiday entitlement, etc would be moved across to position of Compliance Officer. I was asked if I was okay with this and said yes as i was upset about the whole situation and was crying and didn't know what else I could do as I need to work. I was advised at the time that it would be a brand new contract on new terms and conditions with a probationary period. The Director then sent me an email confirming this and advising it was by mutual agreement. When I started the Compliance Officer position I received an email with my P45 for my Company which said it was just for my records and I did not need to do anything with this. I checked with payroll who just said keep it - they did not need any of it. Yesterday afternoon (18th Sept) I received my contract (after it had been chased and I had been told that they could give it to me up to 8 weeks after starting as Compliance Officer). My salary is only being kept the same for the probationary period then they are reducing it by £4,000 pa. The hours on the contract are 40, previously I worked 37.5 and the notice period for my probationary period is 12 weeks by me and only 1 week by the Company. They have also added a bullet point advising that I had no continuous service for any other position I may have held with them.
I am really confused as to where i currently stand and have to have a meeting with my Director on Tuesday 22nd September to discuss and sign my contract but I really don't want to sign this but do not know if I have anything in law on my side to go for some form of dismissal in relation to my old job as they are saying it is a new job with no continuous service but have moved all my holidays, etc across as they currently stood from my Finance position, Please can you help me,
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Was there a break between the initial post and the new one, in terms of a period of time where you were not employed by the company?
Customer: replied 2 years ago.
No
Expert:  Ben Jones replied 2 years ago.
The employer may have stated that any previous service with them does not count but that is not for them to choose. Continuous service is determined by law, not by hat your employer says. It is broken if you have been made redundant and received redundancy pay or if there has been at least a week’s break between you finishing your previous job and starting the new one with them. It does not matter whether you have started a brand new job with the same employer and you have been issued with a new contract – if there was no break between your two jobs then your continuity of service would have been preserved regardless of what the employer is saying. They cannot overrule the law – it will always prevail.
So, if an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. The termination of your old job would amount to a dismissal so if it was done once you had
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
If they did not show a fair reason for dismissal, which does not appear to have happened, or follow a fair procedure the dismissal could be challenged by submitting a claim for unfair dismissal in the employment tribunal within 3 months of the termination of that contract.
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
Customer: replied 2 years ago.
Hi. Thanks for that response but I have a meeting with my Director tomorrow to discuss and sign my new contract which as previously explained I do not want to do due to the pay being reduced / hours being increased and probation notice for me being three months? but for the employer only 1 week?? Can I put a grievance/unfair dismissal letter to them at this meeting and is there anywhere I can get an example of one of this from? Also if I do not sign the contract and they will not change the contract, do I resign, give notice or just carrying on working?
Expert:  Ben Jones replied 2 years ago.
There is no example of such a form because it is unique to every case - you will basically just have to tell the employer what your complaint is, why you do not agree to it and what you want them to do to resolve it. So you just have to put it in your own words - it is not a set wording you must use, just make it clear it is a grievance.
In the meantime you have a couple of options - either refuse to new contract outright and refuse to work under it, treating yourself as having been dismissed from the previous job, or start working under the new terms but making it clear you re doing so 'under protest' - in other words you do not agree to the changes but are forced to work under them and are doing s under protest whilst you try and resolve this through the grievance procedure as outlined above.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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