Employment Law
Employment Lawyers Can Answer Your Employment Law Questions
I understand you are wanting clarification on the clause in your contract related to the your employer's right to change your job role and whether this includes demotion. Can I just check if this is a new employment contract or is your existing one being updated?
Hi there Krzysztof. Phone calls are an additional service, which is entirely optional. I am still here to deal with your original query in writing over this chat.
Apologies for the delay; I have only just seen your response. Are you able to upload a copy of the contract on here at all please?
I also want to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.
Hi as we are just a basic chat service and cannot enter into a formal legal arrangement, it would be best if I just proceed on here without the full contract and using the information provided.
Is this a contract for brand-new employment with a company, or are you taking on a new role with the existing employer?
Thanks, ***** ***** see my last query above, please?
Thank you very much for clarifying. It is indeed possible for the title o be changed using that clause and this is especially going to be a potential risk in the first 2 years o your employment. The reason is that you have no legal rights to challenge the employer in that time and they can make these changes even if the contract did not specifically allow it.
A change in title, duties, reporting line, etc and which does not lead to a reduction in pay, can only be pursued through a constructive dismissal claim, where you resign because of it. However, you need 2 years service to b able to make such a claim so what could happen is that the employer makes these changes and you either have to accept them and continue, or resign without being able to make a claim. Similarly, the employer could terminate your existing contract on notice and then implement a new contract with the new terms and the changes they wanted to introduce. Again, you cannot challenge them in that case as you need 2 year service for an unfair dismissal claim too.
So it is all something that could easily happen in he first 2 years but after that such changes would be more difficult to implement and should happen with your consent.
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.
Hello again and thank you for your further queries, which I will be more than happy to answer. I appreciate you may not know how UK law works but there is no act or section which allows them to do that. To the contrary – there is no Act or law which prevents them from doing so, which is why they can do it. In the end it is a breach of contract matter but you can only claim for breach of contract if you have suffered losses really and changing your title, without change of pay, is not a loss. The only other way to challenge that is through constructive dismissal which as mentioned you need 2 years service for.
For any IP queries please post a new question on our site, many thanks
That comes under employment laws, it is the standard qualification period for unfair dismissal or constructive dismissal protection
You are most welcome and all the best.