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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was offered a change of role from driver to administrator

Resolved Question:

I was offered a change of role from driver to administrator 2 months ago. I was told of an increase in salary and that until my new contract was received a 'bonus' payment would be made in lieu. I have now been through a redundancy process and a week ago accepted the offered employment as a driver but am still doing the admin role. I have changed my mind and told my employer that I wish to take redundancy but have been told that as my previous contract says I was a driver and my new contract will also say that then I am not entitled to the probationary period and that if I leave there will be no redundancy due. This seems very unfair, is there anything I can do about it?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Were you told that the administrator role should be permanent?
Customer: replied 2 years ago.
Yes, I was told what my annual salary would be and that I would get a new contract.
Expert:  Jenny replied 2 years ago.
Was any of this confirmed to you in writing or by email?
Customer: replied 2 years ago.
No.
Expert:  Jenny replied 2 years ago.
Ok it is a pity that this was not put in writing as it may come down to your word against theirs as to what was agreed. Were you told at the time you took the driver role that this would be subject to a trial period and that if you did not accept it you could claim redundancy money in the 28 days?
Customer: replied 2 years ago.
No, when I went in for the third meeting I was told that as I'd applied for and been given the driver job the rest of the process didn't apply and I didn't need to attend any further meetings. Had I known that by taking the drivers job I was giving up my right to change my mind I wouldn't have taken it.
Expert:  Jenny replied 2 years ago.
Ok I suggest you raise a grievance in this case to say that the legal position is that you were at the time of the redundancy employed as an administrator, the fact that you had not been given a contract has no bearing on this position. You should state that you were offered a driver position as an 'alternative' to redundancy and you do not consider that this amounts to a 'suitable alternative employment' as it is a lower salary and , as such, you have the right to leave and take a redundancy payment.
They may then concede that you are entitled to redundancy. If they do not then you could leave and claim redundancy payment. I would suggest that before making the decision to do that you take further legal advice.
If you have any further questions please do ask. If I have answered your quesiton I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 2 years ago.
Hello is there anything further you would like to know about this? I can see that you have not yet rated my answer.
If you have any further questions please do ask.
Otherwise please can I ask you to rate my answer as I am not otherwise credited for my time.
Many thanks and have a good weekend.
Customer: replied 2 years ago.
If the admin position was offered as 'if it works out we'll make it permanent' is my position altered? I've done the job for almost 3 months and am still doing it now, more than e week after being contacted as a service driver.
Customer: replied 2 years ago.
Sorry, I've not been very clear this started as just a very general enquiry. The body shop dept has closed and all the other employees have gone. Although I have a new contract stating that I am a service driver ( I was previously body shop driver but I'm told they both come under 'after sales' ) I have been left in the body shop office dealing with customers and insurance companies, problem solving and producing invoices for completed work. The other drivers have been told not to bother me 'for a couple of weeks' because I'll be too busy to go out. I feel used and so wrote to my line manager to say that I've changed my mind and wish to accept redundancy and was told that as I was a driver and still am redundant payment isn't due.
Customer: replied 2 years ago.
I started the admin role about 2 months ago, prior to that my contract said that I was the body shop driver/health and safety co-ordinator. The body shop deals with crash/ accident damage while the service department deals with mechanical maintenance and breakdowns.
My contract now says that I am service driver/ health and safety co-ordinator but I'm doing more admin now than I was before because I'm having to sort out things that other staff members were doing when they left.
The departments run independently but are overseen by the 'after sales' manager.
Customer: replied 2 years ago.
6 in total but only 2 did any admin, the estimators who dealt with insurance companies to obtain authority for the repair. Once the job was done the information was passed to me so that I could check the prices and discounts then issue the invoice and fax/e-mail it through for payment. There are a number of jobs that have been sub contracted now the department is closed but there still has to be liaison with the insurance companies in case any extra work is needed and to obtain payment which is what I'm currently doing.
Customer: replied 2 years ago.
Yes, definitely. They're using me to make sure that all outstanding invoices are paid and that all the work still going on will be authorised and invoiced for payment.
Customer: replied 2 years ago.
Thank you very much.
Customer: replied 2 years ago.
Do you have any further advice for me please
Customer: replied 2 years ago.
Do you have any more advice please?
Customer: replied 2 years ago.
Relist: Other.
The questions were answered quickly and were very helpful at first but I have been waiting for a reply for 4 days. I have paid £38 for full and speedy replies but there seems to be a problem at the moment.
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Ben Jones replied 2 years ago.
Hello, apologies for any delays you have experienced - it appears my colleague has been offline for a few days. I am en employment lawyer on the site too and am happy to pick this question up and continue helping you if you still need assistance?
Customer: replied 2 years ago.
Just to summarise, I have been working as an administrator for almost 3 months having previously been the department driver. I have not had a new contract but have received a bonus each month in lieu of a salary increase until the position was made permanent. At the beginning of May we were told that the department was being closed and that everyone was facing redundancy. As an option I was offered the role of driver with one of the other departments which I accepted. Since then i.e. about 2 weeks I've still been doing the admin role. I feel I'm being used and have found a job elsewhere but when I told my manager I wanted to take redundancy he said that my old contract was for a driver and so is my new one so no redundancy payment is due. Do I have a chance of winning if I argued against them?
Expert:  Ben Jones replied 2 years ago.
Thanks, ***** ***** being made redundant from the driver's job or the admin one?
Customer: replied 2 years ago.
The letter said the the drivers job.
Expert:  Ben Jones replied 2 years ago.
Thank you. The key here is whether you are being made redundant from the driver r admin position and also if your admin post was a permanent one, rather than just something you were doing on a trial basis.
It would appear that the redundant post is that of a driver and that you may have been working only on a trial basis in the admin role. As you are not being made redundant from the admin role then when you choose to accept or reject a role now it would be compared to the old driver’s role in terms of its suitability. If there is a suitable role that currently exists and you have unreasonably rejected it then you may indeed lose your right to redundancy. You can only argue that you should be aid redundancy if you have not been offered a suitable alternative replacement at this stage, when compared to your driver’s job.
I do not think you have very strong grounds to argue that the admin job was something you worked in on a permanent basis, especially as it was initially agreed that you will be trialling it out. Having been in it for just 3 months will not really give you any permanent rights to it.
So you must compare the old job and the new job you have been offered – if they are similar and the new role is suitable then rejecting it could mean you are resigning and will lose your right to redundancy. The fact that you were working in an admin role for a short period on what appears to be a trial basis will not really change your rights in that respect, especially as you are not being made redundant from the admin position.
You could still try the grievance route, you have nothing to lose really but think carefully if you are going to take this to a tribunal should you get dismissed with no redundancy.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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