How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I was interviewed by my company back in March 2016 to take

Resolved Question:

I was interviewed by my company back in March 2016 to take on an Assistant Manager position that became available. I am still awaiting official decision and a new contract whilst doing all the duties of an assistant manager whilst still on a supervisor's pay. What do i do?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

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?

Customer: replied 11 months ago.
Hi Ben, I have worked there for a year and four months now.
Customer: replied 11 months ago.
For Ben Jones, I have worked there for a year and four months.
Expert:  Ben Jones replied 11 months ago.

Sorry my connection dropped. Were you doing this job before you were interviewed for it?

Customer: replied 11 months ago.
For Ben Jones, yes I was.
Expert:  Ben Jones replied 11 months ago.

And how long had you been doing that for?

Customer: replied 11 months ago.
For Ben Jones, the previous Store Manager left on the last day of the year 2015 and previous Assist Manager left one month later, end of January 2016 which then left me, the supervisor on my own. So I had been doing Assist Manager's role for two months before the interview.
Expert:  Ben Jones replied 11 months ago.

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

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
For Ben Jones. Thank you for your answer. It certainly clarified a few things I didn't know.
Expert:  Ben Jones replied 11 months ago.

You are most welcome