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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44886
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am expected to perform the tasks of 3 roles, my employer

Customer Question

I am expected to perform the tasks of 3 roles, my employer made it sound like I was doing it for my development. After some time I am no longer willing to be stretched this far as it is causing me to be stressed. I told my employer that I am no longer willing to do this and would like something else, the only thing they have offered me is a clerk position on much lesser pay. Can they do this?
I have at no point asked for a demotion just a reassignment where by I can just do my supervisor role.
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. can you tell me how long you have been employed there and what is you role as described on your contract of employment .
Customer: replied 1 year ago.
I have worked at the company for 3 years, my role is warehouse supervisor. My warehouse coordinator was re-assigned, I was given the chance to progress and asked to be the coordinator but without the title or pay and was told it will be reviewed in a couple of months to make me officially the coordinator. a few months have passed and yet I am feeling far too stretched as I additionally have to support the admin operation, I feel like I am unable to perform 1 job role fully due to this, I have communicated my concerns numerous times but nothing's happened coincidentally until I said I have had enough. I feel rather bullied in to being demoted and have not been offered to stay as a supervisor.
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 delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. This could potentially amount to constructive dismissal, which occurs when the following two elements are present:• Serious breach of contract by the employer; and• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 12 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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