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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44936
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have recently had my responsibility at work increased from

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I have recently had my responsibility at work increased from managing £14m turnover through 4 accounts to £21m through 11 accounts. This work was previously carried out by 2 members of staff (one being me). In addition to this the finace support the business offers has changed, we a new member of staff how has less time to support. I have requested for the past 3 months since this change has happend for an assistant, today this request has not been supported. I also feel under rewarded due to no salary increase for the increase in responsibility. To add insult to injury I have a target that is un achievibly high, do to stratiegic changes. These same stratiegic changes has lead me to tread uncomfortably close to anti competitor behaviour and price fixing.

Due to the above I have recently started to up skill my self so I can exit this situation and continue to provide for my family. The challenge I have is I'm now further stretched finding time to do this learning too. I want to know if I have any options? I want to leave my employer but my salary is vital to provide for my family. At the same time I need additional time to study and take exams to get out of this mess.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Thank you for your request for me. I am just about to go offline until this evening but I can look at this then if thats OK?

Customer: Thanks for your reply, I was trying to get some insight today, but can wait till later.
Ben Jones :

Thanks for your patience I am available now. Please let me know how long have you worked there for and if your contract stated what your responsibilities are and the hours you can be expected to work?

Customer: My current contract is Since 2008, I did however work for a distrubutor that sold the brand I now wor for since 2005. As for contract, their is a section that is titles duties, but this states only that the employee shall serve the company as a business development manager - digital, or such other roleas the company considers appropriate.
Customer: As for hours it states 40 hrs per week
Customer: There is also a note referring to regulation 20 interms of hours being measured in this role.
Ben Jones :

And how long have you worked there for?

Customer: I worked for this company since 2008, the company I worked for since 2005 was brought by this compny
Even though your contract may not be entirely up-to-date, some of its terms may be implied, for example through custom and practice. This means that if you have undertaken certain duties consistently for a period of time, you can argue that they have become an implied contractual term and any changes to them would amount to a change of your terms and conditions.

Another consideration is that even if your employer could vary your duties, they must do so reasonably and cannot just increase them to such an extent that the job becomes extremely difficult or even impossible to perform. There has to be a degree of realistic expectation and placing undue pressure on employees and giving them unrealistic targets, asking them to work unreasonably long hours (especially if not provided for in the contract) can all amount to unfair treatment and a breach of trust and confidence by the employer. If this breach is considered serious enough and places you in a position where you believe you have reached the 'last straw scenario' and have been left with no other option but to leave that can be an option, which would be followed by a claim for constructive dismissal. However, this should only really be viewed as a last resort and attempts should be made to try and resolve this directly with the employer first. You would initially be expected to raise a formal grievance in order to officially bring your concerns to the employer's attention and give them an opportunity to try and resolve them. Certainly mention any conflicts between what you are asked to do and what is in your contract.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
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