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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75959
Experience:  Qualified Employment Solicitor
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I resigned from my position in July, it was acknowledged as

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I resigned from my position in July, it was acknowledged as being received but not accepted so I was given time to think about it and I agreed to stay. I was under the impression it would be in the same position but with slightly different duties temporarily. I have since been informed it was a permanent change. My contract has not been change nor my salary or any benefits or my job title so I was unaware.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Yes it was my manager that made the change, HR was present and the admission was I had misunderstood and it was remiss of them not to have put it in writing in July
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee, since 2005 no union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i have a diagnosis of Severe PMS that my manager and HR are aware of. I have put a call into my dr to get a written statement for my HR File. I think but I maybe wrong this counts as a disability as it is a chronic long term condition
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

So what exactly has changed about your role? and what is your specific query in relation to this so that I can best advise?

Customer: replied 6 days ago.
I was the group accountant which and now I have been demoted to branch accountant. I have effectively gone back to the position I had before I was promoted in July 2021. Different set of responsibility and tasks
Customer: replied 6 days ago.
Sorry promoted in July 2020

Thank you, ***** ***** is your specific query in relation to this so that I can best advise?

Customer: replied 6 days ago.
Given than my resignation was not accepted and I agreed to stay after speaking with my manager, and it was never clearly explained to me by agreeing to stay I had effectively been demoted until this week. Can they do that?
OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Customer: replied 6 days ago.
I was understanding that the change of tasks were temporary even as recently as discussing with my line manager training up someone to take over those tasks

Many thanks for your patience, I am pleased to be able to
continue assisting with your query now. First of all, I am sorry to hear about
this situation and any associated issues.

If you had resigned, but then changed your mind and that was
accepted by the employer, it would be assumed that you would be returning to your
original post, i.e. the one you were in before you had resigned.

If the employer was looing at making changes to your
position, then these should have been communicated to you and either your
consent obtained, or the employer should have relied on a right to change your contract.

There are occasions when an employer may try to make changes
to an employee’s contract of employment. If they wish to do so, there are a few
ways in which they can do it:

- They can ask for the employee to give their consent to the
changes.

- They can rely on a flexibility clause in the contract,
allowing for certain changes to be made

- They can give the employee the required notice to
terminate their current contract and re-engage them under a new contract, which
contains the desired changes.

- They can ignore all of the above and simply force the
changes through with no notice or consultation.

Assuming consent is given, the changes can be implemented
with a simple variation to the contract or a separate addendum. If the changes
are not agreed, based on which method the employer adopts to implement them, the
following options are available to employees to challenge such actions:

1. If there is a flexibility clause, it must be precise and
allow the specific changes that are proposed. Clear language in the drafting of
the clause will be required to allow such a right. Any attempt to rely on such
clauses will also be subject to the requirement of the employer to act fairly
and reasonably and be able to show that it was necessary to apply the required
changes and that there was no other way to resolve the situation. Consultation
is key in these circumstances.

2. If the employer gives the employee notice to terminate
their current contract and re-engages them under a new one, it could
potentially amount to unfair dismissal. However, the employer can try and
justify their actions if they had a solid business reason for doing so, most
commonly due urgent financial needs. If no such reasons exist and it appears to
have been an opportunistic approach by the employer to implement changes, it is
possible to make a claim for unfair dismissal in the Employment Tribunal,
subject to having at least 2 years’ continuous service with that employer. This
would be on the grounds that there has technically been a dismissal because the
original contract was terminated by the employer.

3. If the employer forces the changes through, without any
notice or consultation, the employee can start working on the new terms, then
immediately write to the employer to make it clear that this is done ‘under
protest’. This means that they do not agree with the changes but feel forced to
work under them as they have no other option. In the meantime, they should try
and resolve the issue by raising a formal grievance with the employer. This is
only a short-term solution though as the longer someone works under the terms,
even under protest, the more likely it is that they will eventually be deemed
to have accepted them. Also, if the changes fundamentally impact the contract,
for example changes to pay, duties, place of work, etc., it is also possible to
consider resigning and making a claim constructive dismissal in the Employment
Tribunal. The employee must accept the changes and immediately resign in response
to them. A claim is again dependent on the employee having at least 2 years'
continuous service with that employer.

Please see here for further information about this topic

https://www.gov.uk/your-employment-contract-how-it-can-be-changed

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 6 days ago.
Thank you

You are most welcome. If you have any further questions
about this, please do not hesitate to get back to me and I will be happy to
help. All the best

Ben Jones and other Employment Law Specialists are ready to help you