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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50169
Experience:  Qualified Solicitor
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I havebeen employed as a payroll administrator for 2 1/2 years

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I havebeen employed as a payroll administrator for 2 1/2 years looking after the payroll for a company with 250 weeklyemployees. I informed them some time ago that I would be retiring next May. They took on a replacement for me and I have now trained her to take over. She is now competent. Due to a turndown in the business our receptionist was paid off this week. At a meeting on Monday we were told that her work was to be redistributed. As the payroll dept does not have enough work for 2 people I have been given the job of answering the door and the phone. The new lady is doing the payroll. It looks and feels as if I have been demoted. From doing a responsible, respected job very well, I am now sitting doing little or nothing all day. Do I have any comeback on this? From being a happy, busy person I am now watching the clock all day long.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you still intending to retire in May?

Customer:

Yes

Ben Jones :

What your employer is effectively doing is amending your contractual terms and conditions to something that suits them. They cannot do so without your consent, or if they force them through - you can challenge them over it.


 


Whilst you can pursue this by raising an informal or then a formal complaint (through a grievance) and ask them to resolve this, if you have no luck then your options become limited to you resigning and claiming constructive dismissal. That would enable you to make a claim and seek compensation for loss of earnings, although if you were retiring in May, your losses would only go as far as that so you must consider whether it is worth starting a tribunal claim and spending time and money pursuing such a claim in the circumstances. As such the grievance route may be the best option here.

Customer:

Thank you. That is what I thought. If I make a complaint I believe they will tell me they have no other option. I would only want loss of earnings up til May anyway. I think I willtake your advice and see my line manager as I am so bored already after only 2 days there is no way I can do this for 6 months. Do you think I would stand a chance with a claim for constructive dismissal?

Ben Jones :

completely removing your duties can be a serious breach so you would have a reasonable chance, but these claims are traditionally not that easy to pursue as it is for you to prove them, i would hope that in order to avoid being dragged through the tribunal, the employer would try and resolve this or at least compensate you to drop your claim

Customer:

Thank you Ben. That at least makes me feel confident enough to approach my line manager to express my dissatisfaction. My only compensation at the moment is that I know how much they are paying me to twiddle my thumbs! :-)

Ben Jones :

Some people may quite like this, but I know what you mean, i would rather be busy than do nothing

Customer:

Me too. Thank you again.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best

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