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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48536
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I wondered what the situation is if I have been working

Resolved Question:

Hi,
I wondered what the situation is if I have been working offshore for a UK retailer and when they offered me a promotion it was actually contracted to a strategic supplier without consultation.
I have declined the terms and conditions as I joined the company in the hope that there would be a careeer path or development but this can't actually happen if I am farmed out to a supplier, under their contract.
I have tendered my resignation now as cant believe that anyone would find this acceptable but wanted to know if they have acted illegaly?
Kind Regards
Christo
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you been working there?

Customer: replied 1 year ago.
19 months now
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court for the day and will be travelling until late so I won't be able to reply until the morning. However, I will prepare my advice during this time and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Although I had previously worked for them a few ago also
Customer: replied 1 year ago.
sorry years ago also
Expert:  Ben Jones replied 1 year ago.

OK thank you for letting me know and no problem at all. I will prepare my advice and contact you at the earliest opportunity. Thanks again.

Expert:  Ben Jones replied 1 year ago.

Thanks for your patience. The main issue here is going to be your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you to leave for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So you can find that they do not act in accordance with your contract in terms of changing the terms. This cannot be challenged unless you have suffered losses, such as for example they did not pay you what you were due under contract. However, if they changes your role, location, responsibilities, etc then that would not be challengeable until you have at least 2 years’ service. So what they have done is immoral but not illegal and whilst you can challenge it internally, you will not be able to take any legal action against them.

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

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
No not at all, thank you for your advice, it is appreciated.Cheers
Expert:  Ben Jones replied 1 year ago.

you are welcome, all the best