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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50518
Experience:  Qualified Employment Solicitor
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I am employed as a part-time HR/Payroll Administrator they

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I am employed as a part-time HR/Payroll Administrator they have now employed a full time HR person and are talking about out sourcing the payroll. I have been given purchase ledger to do but I am concerned that I have nothing in writing regarding what I am employed as. I have spoken to my new boss but they don't seem to be very forthcoming about either issuing a new contract or a letter informing me of what my job is.
My main concern is that if I do nothing it could be classed that I have accepted these changes or alternatively they could tell me that my job no longer exists.
I have been employed with this company for 17 months

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Did you receive a contract when you began working for this employer and if so, is it a permanent contract?

Customer: replied 6 months ago.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Hi there, you have the right to receive a written statement of employment particulars within 2 months of starting employment so even though that only counts from the time you actually started working for them, it should be updated if the job changes significantly. Hoev, if they refuse to do this or eventually your job is affected in some ay, your rights will be rather limited in the next 4-5 months.

That is because if you have been continuously employed at your place of work for less than 2 years you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on a reason which makes a dismissal automatically unfair. These include:
• Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)
• Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave
• Making a protected disclosure (i.e. whistleblowing)
• Being a part-time worker

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

So in effect they could refuse to define your current job, issue a contract and before you reach 2 years employment terminate you for more or less any reason, bar any of the limited exceptions mentioned above.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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