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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47863
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been in a senior position with a small company

Resolved Question:

Hi
I have been in a senior position with a small company for 8 months. The MD has changed the role I had and is essentially changing my duties. (although currently on same wage). We will in due course be talking about whether my role is redundant or not.
I have a 3 month notice period
As I have been there do I have any rights or can my role be varied and eventually made redundant like this ?
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. How long have you worked there?
Customer: replied 1 year ago.
8 months
Expert:  Ben Jones replied 1 year ago.
The main issue you will face here is the length of service you have with this company. Until you have at least 2 years service you will have somewhat limited rights and most importantly you will not be protected against unfair or constructive dismissal. This means that you could have your employment terminated or forced to resign for more or less any reason, as long as it is not due to discriminatory factors such as age, gender, race, religion, etc. However, I see no evidence of discrimination here so these are unlikely to apply.
Therefore the employer is able to change your duties or make the job redundant even if in normal circumstances that would be deemed unfair. Because you do not have the minimum service required to challenge this the employer can do as it pleases. Had this occurred once you had the required service there would be certain rights you can rely on but these do not apply yet unfortunately. It is therefore best to negotiate with the employer over the best outcome that you can both agree on.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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