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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 37567
Experience:  Expert in UK Employment Law
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Hi I have being working for 9 years at a college. I was promoted

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Hi I have being working for 9 years at a college. I was promoted October 12 to area leader for one year as the company is going through restructure. The new jobs were very similar and you had to apply for them -this is not my problem.
I was told that I will return to my former post on end of this contract. I was made to interview for my old post -and got it. 1 month later my manager told me they had made a very bad error and my job as full time did not exist. She said I can have part time. When I complained to senior management they bumped it up to 3.5 days -this means I am still £10,000 down in salary. They gave me 3 days to reply and I was forced to accept this as I do not want to be unemployed. My problem now is they never consulted me about the new hours and have me teaching subjects I have never taught before spread across 5 days with no opportunity for me to seek work elsewhere as they have me working on every day. What can I do now ? they have not only demoted me from a manager they now have me down for teaching I have not agreed to.
Submitted: 7 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 7 months ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know what is your question about this?
Customer: replied 7 months ago.

I want to know if it is legal to offer a job (have the letter) then take it away due to an error on their sideand reduce the hours of it without any compensation for the lost hours pay. Why am I to pay for their mistakes.

Expert:  Ben Jones replied 7 months ago.
Thank you for your patience. Do you agree that your old job no longer exists? If it is n longer available, is there anything else you can do with this employer that is suitable?
Customer: replied 7 months ago.

Hi


No, my old job does exist - I managed and ran three departments. One department was closed but 2 of them exist -Business department and cookery department. These 2 together give me a full time job to which I had before. they currently want me to have Business 3.5 days only but have added IT as well -a subject never taught by me.Their ideal as my manager keeps saying to me is for me to take redundancy . This is not something I want.


 


There were lots of jobs available in my qualification and skill scan. I was never given a skill scan and applied myself for 2 posts, both jobs were in my capability but both times my manager said I did not sufficient skills and did not score enough at the interviews - both insulting and I think not following ring fence procedure.

Expert:  Ben Jones replied 7 months ago.
Thank you for your patience. Your situation could potentially amount to constructive dismissal, which occurs when the following two elements are present:
• Serious breach of contract by the employer; and
• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.

A common breach by the employer occurs when they, or their employees, have broken the implied term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). Going back on a formal agreement to allow you your old job back and then changing the terms substantially could certainly amount to such a breach. They should really consider making you redundant but if they refuse then a constructive dismissal is really the only options.

The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.

If resignation appears to be the only option, it must be done without undue delay so as not to give an impression that the employer's breach has been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.

Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months less a day from the date of resignation to submit a claim in the employment tribunal.

As an alternative to resigning or claiming, the employer may be approached on a without prejudice basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation.

Just to make a final, yet important point, constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee. Therefore, constructive dismissal should only be used as a last resort and all else fails.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much
Ben Jones, Solicitor
Satisfied Customers: 37567
Experience: Expert in UK Employment Law
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