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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good Morning i have never had a full contract of employment

Resolved Question:

Good Morning i have never had a full contract of employment before i had a few sentence on a a piece of paper which said i had to Answer message in to two Channels The the contract states specialising in the Channels - Call centre operator specialising in tow well know shopping channels. i am concerned as i feel the company have used to wide a brush so they can push anything at me with out providing a pay rise or detailing the job
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

i HAVE WORKED COMPANY 27 YEARS

Customer:

I will check back later response i see you are off line

Ben Jones :

thanks so can you please let me know what your job has been to date and if you have been asked to do these extra tasks in the past?

Customer:

Call centre operator and now they have added - specialising in two well know shopping channels I work small company tthe paragraph is the employer will employ the employee in the capacity of a call centre operator specialising in two known shopping channels. ( which are named in the contract ) previous it just said call centre operator and answers messages two shopping channels. I think this is to wide a brush so i think they will ask me to do more with no pay rise I have been looking after the shops as a member of the team left but no discussion has taken place and i don't believe there will be a hand over or discussion as it is just expected. i always try by best to assist when asked this was amount six months ago i am not working with additional duties all the time just now and again i am still answering the messages as before. the next line is the the employee may form time to time be required to undertake addtional duties

Customer:

as necessary to meet the needs of the employers business

Customer:

I just need to know what i can say to them in the first discussion as i know once you do something in our line of work it becomes your job before you know it there is a much great level of experience required with the dashboards yes i do have knowledge of them but don't what to have more work or the responsibility on my desk with out the pay

Ben Jones :

, sorry we keep missing each other. It is not as simple as you doing a specific job and it becoming your contracted position straight away – there has to be a consistent acceptance by you to undertake the new tasks period of time before the employer can argue that. If the changes have only just recently been introduced and replace your existing description, then it will likely amount to a change of contract.

There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:



  • Receiving the employee’s express consent to the changes.

  • Forcefully introducing the changes (called 'unilateral change of contract').

  • Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms.


If the changes are introduced without the employee's consent, then the following options are available:

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

2. If the changes fundamentally impact the contract, changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable 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 you having at least 2 years' continuous service. You would then seek compensation of earnings resulting from the employer's actions.

3. 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 try and justify the dismissal and the changes if they had a sound business reason so. This could be pressing business needs requiring drastic changes company to survive. If no such reason exists, you can make a claim dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply.

Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved 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 and the situation must warrant it. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably and can be challenged as above.

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

Customer:

Thank you time and reply this is very helpful . It is a starting point and i will use the service agin should i be required . I have a bit more confidence to go forward . Thnak you again

Customer:

Kind Regards

Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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