I have been doing my current job within this current capacity for 8 yrs. The Director has now deleted my curre

Question

I have been doing my current job within this current capacity for 8 yrs. The Director has now deleted my current post and created a new post with additional duties. In fact its not additional duties, its another post which has been amalgamated with my current post. Its effectively , 2 posts , with one job created. However, the additional job/duties is everything i don't do, have no expertise or knowledge and would not apply for the job if it was advertised. I vented my feelings through the proper channels and felt my consultation went well. However, since the consultation took place, the new contract with its terms and condtions isn't what i expected it to be . As I am now being asked to do something I did not ‘sign up for ‘ My question is, Do i have to sign the new contract and if i refuse what options do i have? Can they make me sign the new contract? Please advise

Answer 1

This happened to me, and if it wasn't enough, I was already doing a S**T Load, anyway, you don't say if your salary will reflect this change or they are just additional duties. I know they can do this, as a college I worked for done it when they were restructuring, but they did restructure the salaries too. I don't know about you refusing to sign, you can only try and if sacked or anything like that, you could then go to a tribunal. It's a difficult one really for anyone to answer unless they work for ACAS, a solicitor etc.

They can't MAKE you sign the new contract, but they will probably still ask you to do the duties, as in most job descriptions, you have that last sentence that says, "Any other duties, that may be asked of you" or something like that.

If you can do the job, ask that your salary reflects the extra duties.

All the best.

Answer 2

Your previous poisition does not now exist and as such you are redundant from it. They probably made the other person actually redundant to save money and then amalgamated the job they did and yours to cover for the fact that it's illegal to make someone redundant and then employ someone to do a job with the same title. It's a loophole a lot of companies use when cost cutting which is what seems to have happened here. The director has a smaller budget for the next fiscal year or has overspent and has to make up some money from somewhere.

In the UK you get on with your new job or leave basically. It sucks but thats the way it is. You have no rights there is no such thing as employee empowerment. The unions have no power except in the public sector. In the private sector the law is catered to be on the side of the business not the individual.

Sorry.

Answer 3

Firstly, do you have an existing contract? If so, your employer is not allowed to change the terms of this without consultation with you and subsequently with your approval. If he has deleted your current post, the next [correct] stage would be to put you on notice of redundancy. It sounds like he's taking the ruthless route of putting you in a position where you will resign, making everything alot easier - as well as less expensive for him. I would suggest a consultation with an employment lawyer, or (if the cost of this is prohibitive for you) the CAB would be able to advise. At any rate, do not sign anything without professional advice and I would recommend you document everything that has occurred so far. For your interest, there are a number of very good professional websites detailing employment law, with links to helplines who might be of use. I include a couple below. Good luck!!!

Answer 4

depends what your original contract says, but most contract can be changed just be giving you reasonable notice that they are changing them.

not sure where you stand on the change of jobs though, ive known some companies do that so they dont pay the person redundancy for their previous job not being there anymore, then the person doesnt like their new job gets fed up and leaves. no redundancy payment made !!!

youve been there 8 years hopefully someone on here can give you the right legal advise

you may have a case for constructive dismissal if you feel you have to leave because of it

you can usually get some free advise from an employment solicitor, find one that gives you your first session free..... not all of them do though

there is alot of info here

http://www.direct.gov.uk/Employment/Employees/fs/en


hope it works out

Answer 5

You don't have to sign the new contract, but if you refuse, the company can terminate your employment and then offer you re-employment on the new terms. If you then turn the job down, you have not "mitigated your losses" by taking the job that was offered to you so you wouldn't receive anything by way of compensation for loss of earnings if you took them to employment tribunal.

Answer 6

put in a utility and what i admire optimum is the advantages and semi layed returned environment what I hate is having to upward thrust up a 5:30 A M the toughest element of my interest is getting right here

Answer 7

Ask the advice of an employment solicitor.