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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66847
Experience:  Qualified Solicitor
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4 year ago I was employed by Leo Burnett as a Senior Project

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4 year ago I was employed by Leo Burnett as a Senior Project Manager. 2 years ago, my contract was taken over by Prodigious and my role changed to a Content Creative. However, no amendments to my initial contract were ever made so my contract still reads that my employer is Leo Burnett and my job title is Senior Project Manager. My role as Content Creative is now being made redundant by Prodigious, after being scored against another Content Creative. Because my contract never changed, do I have grounds for unfair dismissal as, officially according to my contract, I am a Senior Project Manager and my employer is Leo Burnett. Both Leo Burnett and Prodigious sit under Publicis Groupe.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: HR and a manager.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee for 4 years.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Don't think so.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Did you transfer under TUPE? Please note it is extremely busy at present due to the ongoing situation so there will likely be a delay in replying, but I will get back to you at some point today. Thanks

Customer: replied 15 days ago.
I don't think so. I was never told that we were transferring under TUPE. I don't know what that is and haven't ever heard of it. I wasn't told about it at work at all.
Customer: replied 15 days ago.
This was the letter I received about the transfer. The contract was never amended after this.
Customer: replied 15 days ago.
Though the letter refers to a meeting that took place, no meeting actually took place as I was on holiday when I received this letter.

Thank you. I appreciate your contract may state you are an SPM but were your actual duties these of a Content Creative?

Customer: replied 15 days ago.
Customer: replied 15 days ago.
I guess I'm want to know if the process was fair. My contract states I'm a Senior Project Manager, I was compared to someone who was an Associate Creative Director.

Thank you. Do not place too much reliance on what the contract says. If it is clearly no longer relevant it will not give you much to hang on to. Contracts are sometimes left without being updated and after a while they will become irrelevant or even obsolete. What really matters is what you actually do, what the realistic terms are, not what is written on a piece of paper which ahs not been updated for a couple of years. Therefore, if you genuinely do the role of a Creative Creator and have not been doing the SPM position since the transfer, there is no point in even looing at your title under contract, but rather you need to look at what you do now as that is what will determine your rights.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 14 days ago.

All the best

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