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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45351
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I talked to someone on JustAnswer approx 1 year ago - should

Customer Question

I talked to someone on JustAnswer approx 1 year ago - should I follow on from that page or start again? It relates to employment law
Submitted: 3 months ago.
Category: Employment Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

Please can you provide some background information on nature of your query? Thank you

Customer: replied 3 months ago.

For Ben Jones:

Hi Ben

I don't understand what's happening. I've entered the information 3 times but then the screen goes blank and I;m not receiving a reply. IS there a website malfunction? I'm copying and pasting, could that have anything to do with it?

Expert:  Ben Jones replied 3 months ago.

Hi there. I have not received any responses prior to this one. Is it possible to summarise the main points of your situation/issue? Thank you

Customer: replied 3 months ago.

Sure, thanks.

I have two questions, one in relation to my job description and the other to my working conditions.

1) My original contract was full-time. I have been working part-time now for two years by mutual agreement but my contract was never amended. What’s more, my role has changed very significantly to one with more responsibility and more interest. It has now been suggested that my job description should be revised to match what I do rather than what I was originally recruited for. (There has been no change in my salary.)

Have my rights been affected at all by the changes and, if not so far, would they be changed by a new job description linked to a new contract?

2) We will be leaving our office at the end of our current lease next summer. There is now talk of ‘going virtual’, but it is not feasible for me to work from home – and I wouldn’t want to anyway. It has been suggested that we could hire desk space on a more temporary basis.

I will at that point have been working in this office for almost 10 years. I am used to having a quiet office as I do a lot of proof-reading, and really don’t want to work in an open plan environment. Do I have any rights in relation to the workplace as one of my conditions of service, or would I just have to quit if I am given the choice of either working from home, or working in a more ‘hot-desk’ type situation and don’t find either alternative acceptable?

Expert:  Ben Jones replied 3 months ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my

advice in a while and 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 3 months ago.

Thank you, Ben.

Expert:  Ben Jones replied 3 months ago.

No problem at all

Expert:  Ben Jones replied 3 months ago.

Hi there, to answer your questions:

1) Your rights will only be affected in terms of what the employer will consider you as now, in terms of the job you do. So for example in a redundancy exercise they would be looking at you in terms of the new job rather than the old one. So if your old job is becoming redundant you should not be considered in the redundancy, but then again if the new one is, you would be. This should really be it if all that is changing is your job description, assuming all other terms remain the same.

2) If the current place of work is closing down or you are relocating then this would amount to a potential redundancy situation. The employer would then have a duty to try and find you suitable alternative employment to avoid the need for redundancy. This could be offering you a new job in the new location. This is where the suitability can come under scrutiny and you could try and argue that the newly offered location is not suitable and you should be entitled to redundancy instead. It does depend how critical having the quiet office space is to your work as to whether this is going to be a suitable alternative or not.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have if the employer refuses to accept your decision and does not make you redundant, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45351
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 3 months ago.

Thank you, ***** ***** second question is less in my mind at the moment as it is some months away. I am more concerned currently with whether the rights I have in my contract could be altered if I am given a new JD, or whether my employer would be obliged to leave the terms and conditions (eg, redundancy terms) the same. Having stepped into a breech, I am just a bit worried that I may be offered a higher salary that matches the greater level of responsibility, but on a new consultancy contractthat would mean my rights based on my length of service would disappear.

Expert:  Ben Jones replied 3 months ago.

They cannot move you from an employment contract to a self employed one as that would amount to a dismissal. So if they are trying to change your contact make sure it only goes as far as changes to JD, rather than anything else – they cannot just start amending everything else as well and if they do you can consider challenging it further if needed.

Customer: replied 3 months ago.

Thanks, ***** ***** clear, and a weight off my mind. I would also like to ask whether I can now go back to my original job. I took on more responsibility because my (new) manager had an unexpected late baby, so have actually been carrying some of her workload. Having agreed to take on the new role, can I choose to revert to my former role. (I moved from an admin/promotion role to a more editorial one.)

Expert:  Ben Jones replied 3 months ago.

it depends on whether the move was intended as a permanent one or just temporary cover. If it as always intended to be a temporary one then you can request that you are allowed to move back now

Customer: replied 3 months ago.

Thank you, ***** ***** can now consider my options more confidently.

Expert:  Ben Jones replied 3 months ago.

you are welcome, all the best

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