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Thomas Judge
Thomas Judge, Laywer
Category: Employment Law
Satisfied Customers: 32957
Experience:  Over 25 years experience in law
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Probation

Resolved Question:

Hi I'm in my probation period and have been told my job is no longer required due to contract changes. I have been asked if I would like to work different hours and do a lower paid job. Do i have to take this job? Because I was told I can give 1 week notice if I want to leave. Surely they should end my contract and make me redundant or something?


***@******.***
Submitted: 1 year ago.
Category: Employment Law
Expert:  Thomas Judge replied 1 year ago.
If you are in the probationary period and you do not want to take the job offered then you can decline the job and give notice if you so wish - this does not mean that they will pay you redundancy however - this will depend on the terms of the contract. Happy to discuss. Please rate positive
Customer: replied 1 year ago.

Do i have to give notice then if I don't take job offered.

Expert:  Thomas Judge replied 1 year ago.
You would still have to give the weeks notice if you are leaving - this might be something which can be negotiated down if it is an issue - please remember to rate positive
Customer: replied 1 year ago.

What I wanted to know is they are ended my contract so why do I need to resign. The job they are offering me is different to what I do now so if I say no I don't understand why I have to resign surely my contract should just end

Expert:  Thomas Judge replied 1 year ago.
I get you. If there are ending the contract then you do not need to resign - you can simply turn down the new offer and as such if there is no post of interest then your employment would sadly come to an end. Please rate positive.
Customer: replied 1 year ago.

But they are asking me to resign what can I do about this do i have any rights?

Expert:  Thomas Judge replied 1 year ago.
You are not under any obligation to resign at all. I would be minded to simply advise them of your position and that you do not propose to resign
Customer: replied 1 year ago.

So is there some law I can use around this as they have advised me to resign in writing? I have a meeting on Monday with them

Expert:  Thomas Judge replied 1 year ago.
There is no specific case law on this point. But the simple fact is that they can not make you resign. Some unscrupulous employers use the resignation as an excuse to claim you aren't entitled to unemployment benefit. I hope that this helps. If you are still concerned then speak with your trade union or call ACAS on Monday morning. Please rate positive.
Customer: replied 1 year ago.

I have already called acas and they also tell me they can't do this i do not need to resign. But no one is helping me to how I can challenge this with my employer.

I understand they can't do this but I need reasons why?

Expert:  Thomas Judge replied 1 year ago.
the reason why is that you are in a contract of employment with them. They can not make you resign - that would be a breach of contract. It is trite law that they can not make you do something which you do not want to do - Please rate
Thomas Judge, Laywer
Category: Employment Law
Satisfied Customers: 32957
Experience: Over 25 years experience in law
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