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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49809
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My team leader has been asked to move to work in another

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My team leader has been asked to move to work in another shop as the owner of next door has made a complaint about him to our human resources department.
The complaint was that for the last 5 years he has been jelaous of him and is talking bad about him to customers.
This is not true. However one of the heads of department is this shop owners friend so he gave him all the advice who to complain to in head office tellin him not to complain to my operations manager as she is good friends with me and will not resolve it.
Can they move my leader for no apparent reason. And am i able to take any action agains the head of department for his involvment as he has nothing to do with my area. The shop owner does not like my leader as he refuses to give him a free drink as he states to everyone he knows people in head office.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Does his contract state he could be moved?
Customer: replied 2 years ago.

Yes. Its a one operation but for a valid purpose. I dont see why this would be valid as my shop would loose a leader and i would not get a replacement

You won't be able to take any action in relation to this as you are not the one who is being moved or who has had the complaint made against. So only your team leader would be able to take this further and make a complaint.
The first thins is to check his contract and to see if this move is allowed. If the contract says it is then there would be little he can do to challenge this as the employer has not acted in breach of contract. If there is no such clause then he could try and treat it as a change to his terms and conditions.
There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:
• Receiving the employee’s express consent to the changes.
• Forcefully introducing the changes (called 'unilateral change of contract').
• Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms.
If the changes are introduced without the employee's consent, then the following options are available:
1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance.
2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions.
3. If the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can try and justify the dismissal and the changes if they had a sound business reason for doing so. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, you can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply.
Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved to change any term, so as to evade the general rule that changes must be mutually agreed, courts will rarely enforce such clauses. Nothing but the clearest language will be sufficient to create such a right and the situation must warrant it. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably and can be challenged as above.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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