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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44926
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently left one ambulance service to take up an offer

Customer Question

I have recently left one ambulance service to take up an offer at another, but the management have changed my posting and conditions without consulting me and when challenged things have got nasty and I am having to leave
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. When did you start the new job?

JACUSTOMER-9evpz0pk- :

3rd Feb

Ben Jones :

I presume it was not a continuous service with the old job?

JACUSTOMER-9evpz0pk- :

I have been on a corporate training programme for the service

JACUSTOMER-9evpz0pk- :

no not continuous service but pension transfers

JACUSTOMER-9evpz0pk- :

I resigned my last post on the strength of an offer at one sector only to be moved to another

JACUSTOMER-9evpz0pk- :

I gave up a substantive post with security and years in advance planning,

Ben Jones :

What conditions have they changed?

JACUSTOMER-9evpz0pk- :

changed my posting location hours etc

JACUSTOMER-9evpz0pk- :

I have paperwork to show

Ben Jones :

Are you losing money as a result?

JACUSTOMER-9evpz0pk- :

Job offer was made over the phone but paperwork was sent out to confirm with joining instructions,

JACUSTOMER-9evpz0pk- :

the change would have made a significant problem to travel childcare etc

JACUSTOMER-9evpz0pk- :

I would have never agreed the move to this other location

JACUSTOMER-9evpz0pk- :

affectively out of a job as from tomorrow

JACUSTOMER-9evpz0pk- :

cannot go back to old position as they will have given my post away

Ben Jones :

ok let me get my response ready please

JACUSTOMER-9evpz0pk- :

ok

Ben Jones :

The main issue here will be your length of service – until you have at least 2 years’ continuous service your rights will be rather limited. It means that you can either be dismissed or forced to leave for more or less any reason as long as it is not discriminatory, which does not appear to be the case here.

So that does mean that even if you were promised specific hours, terms, etc but which have not been honoured, you will not be able to challenge the employer and if you are forced to leave you cannot take the matter any further. The only claim you can make for is for breach of contract, for example if you were promised a specific rate of pay which was no honoured then you can claim for some losses incurred as a result but it will only cover the period you were employed with them – it will still not allow you to make a claim to challenge their initial breaches or being forced to leave.

JACUSTOMER-9evpz0pk- :

Disgusting,

JACUSTOMER-9evpz0pk- :

There must be a breach of contract then when they have offered me a specific postion/ station posting and they have now changed it, on the strength of which I left another job

Ben Jones :

There is a breach of contract but you can only claim for actual losses incurred which will not be very large - if you think about it, they could have employed you, breached your contract, then terminated your contract by giving you notice as per its terms - the only losses are any potential losses incurred for the period between employment and termination. If you have not actually suffered financial losses in that period then you cannot claim for anything

JACUSTOMER-9evpz0pk- :

What about the fact of not having a future income from no employment , I am unable to return to the other ambulance service or carry on at this one through no fault of my own

Ben Jones :

That is unfortunate but they could have dismissed you regardless of whether there was a breach of contract or not just by giving you the notice in your contract

Ben Jones :

That is something perfectly legal for them to do so no long-term losses would have been suffered

JACUSTOMER-9evpz0pk- :

fantastic ,

JACUSTOMER-9evpz0pk- :

I look forward to joining the dole queue ,

JACUSTOMER-9evpz0pk- :

Many thanks for the advice ,,, I think

Ben Jones :

I know it may not be the answer you were hoping for but as you can appreciate I do have to advise you of the actual legal position

JACUSTOMER-9evpz0pk- :

Yes of course , but as you say it wasn't the answer I was looking for , however after 13 years in the NHS I don't know why I would have thought I could make for a better situation

JACUSTOMER-9evpz0pk- :

I have been dumped on for pretty much the majority of my career so why would this situation be any different

JACUSTOMER-9evpz0pk- :

Thankyou

Ben Jones :

And thank you for the Poor service?

Ben Jones :

Not sure why this was rated poor when you are not rating the contents of the answer but the speed/courtesy of my service, especially considering I can do nothing about the law and your legal position? ...but thanks anyway

Ben Jones :

Hi, if you could please clarify the rating I would be grateful, thanks

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