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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48162
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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, I have been working company since oct 2010, firstly

Resolved Question:

Hi, I have been working for a company since oct 2010, firstly as a dental nurse before being prompted in oct 2013 to a practice manager job share with another girl. The company has now been bought out by a cooperate and my job share partner wishes to step down from her role. I've found out that our job role as a whole full timeposition is now being advertised. I questioned it and was told I can apply for the full time position if I wished, (i currently do 2 days perweek as i have always done & as in my contract) if not I can step down to two alternative positions but have to also take a substantial pay drop. In my current situation I am unable to up my days to full time. I am also 5mths pregnant. What rights do I have & am I protected by tuppe laws in any way? Would be very grateful for some advice, they have given me until Monday pm to decide what position I want to go for. RegardsKelly
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What would you actually like to achieve in this situation?

Customer: I would like to know my rights as an employee, can I refuse to step down?
Customer: If I do step down, can I request to keep my wage?
Ben Jones :

Hi, sorry I was offline by the time you had replied. It is likely that you will be protected under TUPE laws in a sense that you have the right to expect the new employer to honour your existing contract of employment and allow you to transfer over your existing arrangements. However, there are circumstances when certain changes may be required following a transfer. Whilst the circumstances when these may be permitted will be quite limited, in your situation this is due to the other employee resigning and not the employer’s wish to simply change the job. So the first thing they would be expected to do in this case is to give you the opportunity to apply for the newly created role, although I understand that you are unable to accept this due to the increase in hours. If that is not an option for you then the employer would be expected to offer you any other suitable vacancies that they may have at the time. Sadly if you are no longer doing the same job then you would not be guaranteed to keep the existing pay and it would reflect whatever job is available and you may decide to choose. If you do not believe that there are any other suitable positions for you, it does mean that the employer can consider making you redundant. Again, they would be expected to offer you whatever suitable vacancies may exist at the time but if none are available then you could proceed to redundancy. So it could either be that you decide to take whatever is on offer, with the offered terms and conditions, or if these are not suitable for you – I could end up in redundancy.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: So you don't think that I am being discriminated against? They haven't even tried to find a part time replacement to job share with me & the position was advertised without my knowledge. I didn't think they were allowed to so this? What you are saying is that I don't really have any choice but to go into a lower position at a lot less pay or push for redundancy which isn't really worth it as I would only get 4 weeks pay anyway - & no job to go back to.
Ben Jones :

you would only be discriminated against if you were being treated less favourable because of your pregnancy but here I do not see a link between the fact that your peer has left her position and the employer's decision to consolidate the two jobs into one. You may have an argument that they should have tried to just find a like for like replacement for the person who left, therefore leaving the job share as it is but that would depend on what their actual reasons for doing this were and why they want to create one single post instead of having two. This would be a TUPE issue though and the employer must be able to show these changes were necessary for an economic, technical or organisational reason (ETO reason) for them to be valid. So you can query further why these changes have happened but they could be permitted if they fall within those reasons mentioned above.


Customer: thank-you for your view.
Ben Jones :

you are welcome, all the best

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