Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for?
Sorry my connection dropped. Were you doing this job before you were interviewed for it?
And how long had you been doing that for?
Thank you. The main issues for you are twofold:
Firstly, you worked in this position before you had applied for the role formally. So you had already agreed to work in it on the current terms and conditions. You had applied for the better terms but these have not been confirmed by the employer and in effect they have not offered you a new contract to reflect the new terms. So you have two options – continue on the current terms until a time when they are ready to offer you the improved terms; or refuse to work in it and ask to go back to your supervisor’s position.
Secondly, such issues are usually resolved through a claim for constructive dismissal. This is where you feel forced to resign through the employer’s unreasonable behaviour. However, to qualify you need at least 2 years’ service which you do not have. So it is possible for the employer to act unreasonably and leave you with no other option but to leave without you being able to challenge it.
You may still pursue this internally through a formal grievance just be aware that your overall legal rights are somewhat limited.
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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