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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46178
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a Paraplanner (research & report writer) for an IFA firm

Resolved Question:

I am a Paraplanner (research & report writer) for an IFA firm and 6 months ago, I went from one employer to another under TUPE rules. The company that took us over do not have Paraplanners and as such before the sale, I asked for my options in the build up to the sale. I was contacted on the telephone a week or so before the sale by the Sales Manager and told that I would remain a Paraplanner in the new company. I asked for this in writing and was sent an email from HR agreeing my position as a Paraplanner and I accepted. Once in the role with the new company I was not given a job description for the Paraplanner role and to date still have not received one. On Monday, I was told to attend a meeting where I was informed that the new company now wants to change my job description to Administrator, as they do not have Paraplanners!! I have asked for a copy of the new job description, new terms & conditions and my options if I decline. Whilst I accept that, I would in all probability need to complete some administrative tasks when my colleague is on holiday or ill, why is there a requirement to change my job description when they never gave me a job description in the first place. I am very disappointed that the new company lead me up the garden path with the Paraplanner role that did not exist in the first place, any advice would be welcome. It may well be that I need to just get on with it?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long were you with the other employer before you were tuped across.

Customer:

5 years, started 7 July 2008

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

Thanks Ben

Ben Jones :

Many thanks for your patience. Whilst the new employer has not really gone about this in the correct way, such as failing to properly consult and inform you about your job (or lack of), it does not mean that you have to just accept it and do as you are told.


 


If they do not have the job that you were doing, but still took you on, then your terms and conditions would have automatically transferred over to them and they would have taken on full liability for you. If they did not have the job you did in the past employment, then this is actually a potential redundancy situation and they would really have to consider taking you through a redundancy procedure.


 


In a redundancy procedure the employer would have to consider making you an offer of suitable alternative employment to try and avoid a redundancy but if no such opportunities exist and you have not got your contracted job to work in, then they should really look at making you redundant.


 


The key here is what would amount to suitable alternative employment and whether you can be expected to take on the administrator’s role. This would depend on a number of factors, such as whether there is a general similarity between the two roles, if it is something that would be reasonably expected of a paraplanner to do at some stage, if it can be considered a demotion or a complete change of duties and so on. Ultimately you decide on the suitability of a role and if you have a list of concerns as to why this is not a suitable alternative you can reject it and ask to be considered for redundancy instead. Alternatively, you could ask for a 4-week trial period in that role to determine its suitability and if at any time during that period or at the end of it you determine that it is not a suitable alternative, you can reject it and go down the redundancy route instead.

Customer:

Thank you, XXXXX XXXXX less as I thought, I thank you for your time

Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46178
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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