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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45356
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I joined PayPoint PLC in June 2015 as a Technical Service Analyst

Customer Question

I joined PayPoint PLC in June 2015 as a Technical Service Analyst and the role was sold to me as one where best practices and standards were essential. Personally what attracted me was also that the description said that the role should "primarily assist with delivery of projects" etc.
Unfortunately having spent the last couple of months with the company, I realize that the job description does not reflect the role I am involved with and certainly there is no projects element at all - I ended up doing a BAU role and that is not what I agreed.
Also there are numerous problems with the environment result of disastrous implementation decisions, which translates to more on call commitments etc. None of the people that recruited me were honest or forthcoming about these issues and in fact the line manager who recruited me at the time of my interview had already decided to leave the company which was not communicated to me. This line manager left in September; my team leader is also leaving this month.
I had been successful at two rounds of interviews with a bank in the city who invited me for the third round, but based on the false information provided by PayPoint - I made the decision to join PayPoint, one that I regret.
Do I have any options other than quitting my job - I feel played. My new line manager asked me for my CV recently - he has no idea what role I was hired to do and I've not agreed to doing this present role; I've certainly not agreed or signed anything that says I should be on call for the hourly rate they are paying us - yet my line manager's view is that he would understand the reasons if I want to leave, but there is nothing he could do...
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello what are you hope to achieve in the circumstances?
Customer: replied 1 year ago.
Ideally I would like the job they advertised. I've exceeded any objectives set previously but it appears we are being penalized for the shortcomings of the managers that have recently left the business and it reflects badly on us performance wise because the goals set by previous managers do not align with our current manager. As it happens my current manager is not a technical person and cannot evaluate my abilities or achievements. My worry is that when I secure another role elsewhere, I cannot predict what feedback HR would provide on the basis that already two of my managers left and this new guy is out of his depth... In other words their inability to organize their affairs affects us badly, which not only unfair, but can also cost us.
Expert:  Ben Jones replied 1 year ago.
Hello, unfortunately in this case your legal rights will be rather limited. This is due to your length of service. Until you have reached 2 years’ service with an employer you are not protected against constructive dismissal, which would have enabled you to argue that the employer has acted in breach of contract, resign and make a claim against them. So even if you ended up working in a job which was not as advertised, and the employer had breached your contract, you cannot make a claim against hem or use the threat of going down that route as a negotiating tool. You may of course raise an internal grievance and pursue this as an internal complaint but if the employer does not resolve the issue you only have two options – accept the position as it is or resign but without having the option of pursuing it further. In terms of future references, the employer has a duty to ensure that any feedback they provide is fair and accurate. You get these rights regardless of length of service. So if it appears that they have used misleading information or made misleading statements you could take the matter further by arguing negligence on their part. 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
Expert:  Ben Jones replied 1 year ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45356
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Apologies for the delay in my response, we were away for the holidays and I had trouble replying using my iPhone.Thank you for the clarification, which was precisely what I was looking for.
Expert:  Ben Jones replied 1 year ago.
No problem and thanks for getting back to me. All the best

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