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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44920
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm a Senior Academic at the University of Lincoln. I

Customer Question

Hi, I'm a Senior Academic at the University of Lincoln. I was appointed on this role in Jan 2013 and started working there in May 2013. I live in Manchester though and due to the nature of my work (primarily research) I was not asked to be in Lincoln for the whole week but only when necessary meetings and teaching was scheduled. Hence I have been going to Lincoln every week for part of the week. This summer my school went through a restructuring, led by a new head of school. I was the only member of staff to not be affected. However the HOS decided that all staff member have to be in situ 4 days per week: this for me is not feasible due to my family (husband) living in Manchester. Since January I have been having 1-to-1 meeting with the HoS who has been pushing me to go PT for next academic year. After that, I believe he'll make me redundant as this has been happening to other colleagues in my school. I want to know my rights as employer (can he push me to go PT? And on the fraction? Can he push me to be in situ 4 days per week 'on call', as he explained?).
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What does your contract say about this?
Customer: replied 7 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
Would it be possible to call me? I'd rather speak. My contract seems that it does not specify how many days I have to be there. It is a new rule but after speaking with the Union, it seems that my employer can ask me to do so. I believe he wants to get rid of me but because he did not put me through the restructuring, he is forcing me out of my job
Expert:  Ben Jones replied 7 months ago.
Won't be able to call until later this eve, after 7, is that any good?
Customer: replied 7 months ago.
yes
Customer: replied 7 months ago.
Hi I see that there is an additional charge so I prefer to deal via message
Expert:  Ben Jones replied 7 months ago.
ok no worries will respond on here later on
Expert:  Ben Jones replied 7 months ago.
Thanks for your patience. As your contract does not specifically state where you are going to be required to work, you can try and rely on the fact that you have only been going to Lincoln on an ad-hoc basis. So if they are now requiring you to be there 4 days a week permanently that could potentially amount to a change to your existing contract. The argument would be that the current arrangement had become an implied contractual term through custom and practice. The issue is that this area of law is rather complex and it is usually only down to the courts to establish with certainty if something had become an implied term. Nevertheless, it does not prevent employees from directly raising this argument with their employers. Similarly, changing you to PT will mean that your employer is changing your terms and conditions and if your current role is no longer there then strictly speaking you should be taken through a redundancy procedure. Whilst you cannot force the employer to agree that your conditions are being changed you can try and challenge this. You have a few options, starting with the grievance route, all the way up to constructive dismissal. So it could be that they are trying to push you out and that may be inevitable so it is about trying to get the best out of it in the meantime and even push for a settlement. This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and your options there, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 7 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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