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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49806
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I applied Supervisors role it clearly stated this on

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I applied for a Supervisors role it clearly stated this on the job description, and when I questioned that this was the case, I was assured it was a supervisors role even though I did not have the expected authorities. As an experienced Supervisor even a senior supervisor within other team within the same company I knew what to expect.
Then all of a sudden in November I am given a team lead role job description and now this is what they are maintaining, it has had a very adverse affect on me, and regrettably my father was just diagnosed with a life threatening illness, so I was off sick for four months, I am currently back on a staggered return, but feel very uncomfortable with this. I have put in a grievance stating that if this job had been advertised as a team lead role then I would not have applied for it. I am currently awaiting a response as HR are investigating my complaint. Also my manager (Supervisor) I expressed a concern about him because he does not have the required experience to manage me as only just promoted and limited man management experience, he then ranked my as a meets minus at the EOY without bothering to advise me prior to November. I only got that out of him in a conversation in November when I picked it up from a comment he had made, and questioned him further .
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

13 years on the 26th May this year

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Thanks for your patience. If the job was specifically advertised as a supervisor’s one and even confirmed as such when you queried it, you have every right to expect the employer to honour that. If they did not offer you the job you had agreed to take then they would be acting in breach of contract and you are entitled to complain to the employer, such as by raising a formal grievance. This will prompt the employer to formally investigate your complaint and to do something about it, such as to change the job and either give you what you had agreed to take or put you back into your original post. If the grievance outcome is not to your satisfaction then you can appeal it.
If the appeal fails too then you are really looking at a potential case of constructive dismissal, which occurs when the following two elements are present:
• Serious breach of contract by the employer; and
• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
In such a situation your option would be to resign which must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.
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
Customer: replied 2 years ago.

That's lucky I actually stated that they should put me at risk in the grievance to offer to put me at risk to allow Me to look for another role, as I do not have the job I applied for. I also mentioned it's an adverse effect on me and signed off with depression. I investigates

mentionmention constructive dismissaldo

sorry not sure your question posted properly can you please check and post it again
Customer: replied 2 years ago.

question, should I approach HR whilst they are investigating my complaint, and mention I have had advice and they are in breach of original agreement or wait for response and if goes to appeal go back with that?

You can approach the at any time but you may want to wait until the complaint has been heard and you have a decision, then you can appeal as necessary, mentioning the information you have.
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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