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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44871
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a question because I believe Ihave been disadvantaged

Customer Question

I have a question because I believe Ihave been disadvantaged in my employment by an unjustified action by my employer. All looks like the new position has been created,and I've been moved into that, but the working conditions are not adjusted. My previous role was warehouse operative, but in the late July I have been moved to typical office role -Admin. The place f work changes, duties and responsibility, my line manager, working hours. In my warehouse contract there is clause time to time be required to undertake additional or other duties as necessary to meet the needs of the business ,Company said that all stayed the same ,and they cannot guarantee when it will changes and how long they will need me. There are 3 workers in the office .they salary is about 1600 -1800 pound, while I'm still earning minimun wage.I am the only person from the office who needs to use tms mashine-clock in clock ..I am the only Polish person in the office as well. I have been spoken to acas and they want me to write notification of personal - grievance..Do I have any chances to get the new job title, it has got infuence on my future ?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-30gxp2ab- :

Good Evening,I' working there for the last two years as a warehouse operative, I get ' office ' jobe in the late July this year

Ben Jones :

Was this change permanent?

JACUSTOMER-30gxp2ab- :

Yes one year ago I get the pernament contract .

Ben Jones :

I mean were the changes moving you to the admin job permanent?

JACUSTOMER-30gxp2ab- :

they want me to work there pernament, but I didnt get the new job title. they told me that there is possibility that i can back into my previous role because if the buizness will required

Ben Jones :

ok so you are doing a new job, most likely permanently, but they are still keeping your old job's terms?

JACUSTOMER-30gxp2ab- :

exacly

JACUSTOMER-30gxp2ab- :

exactly *

Ben Jones :

What your employer is effectively trying to do is change your contractual terms to reflect a new job title. There are several ways in which an employer may try and make changes to an employee’s contract of employment. These are:

1. By receiving the employee’s express consent.

2. By forcefully introducing the changes (called 'unilateral change of contract').

3. By giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the changes.

If the employee agrees to the changes then that would usually put an end to the matter.

If the changes are introduced forcefully then the following options are open to the employee:

1. Start working on the new terms but making it clear in writing that they are working ‘under protest’. This means that the employee does not agree with the changes but is only working them because they feel they are forced to. In the meantime they should try and resolve the issue either by informal discussions or by raising a formal grievance.

2. If the changes are serious enough (e.g. a change to pay, duties, place of work, etc.) the employee may wish to consider resigning and claiming constructive dismissal. The resignation must be done without undue delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to the employee having at least 2 years' continuous service.

3. Finally, if the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can justify the dismissal and the changes if they had a sound business reason for dismissing an employee who refuses to accept the variation in terms. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, the employee can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply.

It is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to the employee’s contract. As such clauses give the employer carte blanche to change any term, so as to evade the general rule that changes must be mutually agreed, courts will rarely enforce such clauses. Nothing but the clearest language will be sufficient to create such a right. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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