Breach of contract ?

Question

Almost one year ago, I got a job I thought that would be fantastic. To get it, I made the sacrifice of a wage retrogression, left my country and moved to London with my then unemployed boyfriend.
Starting in my new role, I soon realized that it had absolutely nothing to do with the job description. In fact, even the job title itself had been changed (for a lower quality job, as you can guess).
My previous job (in the same company) was a lot better and the money too. My current job does nothing for my profile and I’m actually stuck doing things I truly despise and don’t care about, while I should be doing what I applied and signed for.
I discussed this situation with my manager many times, but didn’t get anything from him but promises. For the past 10 months, I‘ve kept thinking something good would come out of this, but now I can’t take it anymore. I thought this job was a chance for me, but it really turned to be more a waste of time and money.

I believe this is a breach of contract.
What recourse do I have?

‘You have to be seen to be giving them the opportunity to sort this out’
This actually the problem here: I gave my manager the opportunity to fix that mess many times before. I’m about to go to the HR to sort this out myself, but any advice from you guys would be appreciate.
This is a very, very big company. People like me are totally replaceable if not happy.

Answer 1

If you have a human resource department, get in touch with them.

Answer 2

There's a better job out there. Find it, then raise the issue with the highest level in your company. After all, you'd be wasting your time going up the chairn of command. If it doesn't work, time to say goodbye and hello to the new employer. The lesson here you can apply to your new employer. Get in writing what this new job is. I think breach of contract is a bad way to go. It will take too long and, in the end, you have a company that hates you forced to do what's right, in the unlikely event you win.

Answer 3

Unfortunatley, they will probably try to explain that the job title in the new position is the exact same as in your former country, and that the new location has different responsibilities and demands (or lack thereof) of your old position.

Have you been keeping detailed notes of your discussions (times and dates and who) over these 10 months? If you have, if you opted to go for breach of contract, your complaints would have more merit.

Not to worry...you can start notating everything now, even if you haven't over the last 10 months...sometimes, work journals can be the thing that makes or breaks your case.

Answer 4

You may well have a case for Constructive Dismissal, however the fact it's taken 10 months for you to decide will count against you.

I suggest you enquire about a transfer back to you old position - or an internal transfer to another position in a different department / branch = go see your HR dept.
... and since that may not be possible, start getting your CV up-to-date.

Answer 5

You must discuss the issue with your Manager as well as with your company's HR and move to Industrial Tribunal if you qualify to take the issue to Tribunal. You may engage a Advocate who is expert in service matter, and you should also locate a logical reason/s for delay in taking the issue to Tribunal.

Good Luck !!

Answer 6

I would request a meeting with your manager to formally express your concerns in the first instance. You have to be seen to be giving them the opportunity to sort this out.

Answer 7

If you feel strongly take them to an Industrial Tribunal.

Answer 8

Ring ACAS

Answer 9

Ooh, nasty tricksy people! visit www.acas.org.uk for loads of very useful help and advice x