Can my employer change my job title uk

This article outlines the employment relationship between the primary employer and the secondment employer, as well as other important employment issues. If you are an employee considering asking for a secondment, or an employer considering seconding someone to another organisation, we hope it is useful reading. A secondment takes place when an employee or group of employees is temporarily assigned to work for another organisation or a different part of their employer. There are a number of different terms that are used for the three parties involved in a secondment arrangement. In this article it is assumed that the secondment is to another organisation, the original or seconding employer is referred to as the "employer" or "seconder", the employee may also be called the "secondee" and the organisation which is to have the services of the secondee is referred to as the "host".

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Content:

• Demotion: Five things employers need to know.
• My employer wants to change my hours or location – what are my rights?
• What can my job title be?
• Changes to your shifts
• Can my Employer Change my Contract? Objecting to changes
• Six employment law changes to look out for in 2021
• TUPE and job titles
• Contracts of employment
• Changing an employment contract
• Fdm group 2 year contract

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Demotion: Five things employers need to know.

Demotion is often approached by employers and HR professionals with a degree of trepidation as an option in managing the workforce. Based on work performance. An employer may look to demote an employee as an alternative to dismissal after going through a performance management procedure;. As a disciplinary sanction. For example, as an alternative to dismissal in a case involving allegations of workplace misconduct where the employee has substantial length of service;.

Where a corporate restructuring exercise is taking place. There are a number of legal pitfalls associated with exercising this option which for the unwary may result in unanticipated liabilities for the organisation. The consultation process itself needs to be carefully considered.

It should be for a sufficient length of time to allow meaningful consultation to take place between the employer and affected employee, involving a series of one to one meetings within that period providing both employer and employee with a forum to discuss the proposed changes and for the employer to obtain feedback from the employee. These also need to be considered and met by the employer. If, following a period of consultation, the employee refuses to accept the demotion then the employer may have to consider dismissing the employee.

This option is something that the employer ought to warn the employee of as part of the consultation process. Alternatively, the employer may need to look terminate the existing contract of employment and offer re-engagement on the new terms.

And if, following a period of consultation, the employee refuses to accept the demotion, another option open to the employer is to look to terminate the contract of employment and to offer to re-engage the employee on new terms and conditions of employment which include the demotion. In considering demoting an employee, employers need to be aware that there is a potential risk that they may be exposed to a claim in the employment tribunal. A single finding of unfair dismissal may expose an employee to substantial financial liability.

For example, if the employer were to simply decide to unilaterally impose the demotion without proper prior consultation and agreement and leave it to the employee to respond, this may result in them deciding to resign and a claim of constructive dismissal. Even where consultation does take place, employers needs to be careful not to put undue pressure on the employee to agree the change given the consequences of refusal.

Where the employee feels undue pressure has been put to bear to accept the change they may also choose to resign and bring a claim of constructive dismissal.

In addition, employers need to be aware that in circumstances where the employer merely pays lip service to its obligation to consult and agree the changes and instead simply goes through the motions and does not properly engage with the employee as part of a meaningful consultation process, effectively rendering it a sham, that may also result in a claim for constructive dismissal.

Employees who are dismissed for refusing the change may also have a claim for unfair dismissal and if the employer does not serve notice of termination of employment breach of contract. Where the employee has refused to accept the demotion and the employer has terminated the contract of employment by way of a response and looked to offer to re-engage the employee on new terms and conditions of employment which include the demotion, and the employee refuses this also, whilst they may have a claim for unfair dismissal and if the employer does not serve notice breach of contract, the mere offer of re-engagement may mitigate their loss.

It is for this reason that employers often decide to employ this tool in introducing new terms and conditions of employment. Employers need to be aware that where an employee has insufficient service to claim unfair dismissal, they may still bring a claim for wrongful dismissal in any of the above circumstances. A demotion may also be the basis for a claim for discrimination contrary to the Equality Act if it can be linked to a protected characteristic such as race, gender, sexual orientation, disability age, religion.

Employers need to tread very carefully in this regard as an employee does not need to fulfil any requirement in terms of length of service to be able to bring a claim of discrimination before an employment tribunal.

Unlike unfair dismissal claims, there is no cap on the level of compensation for loss of earnings an employee may seek from an employment tribunal in bringing such a claim.

When handled carefully, demotion represents a useful option available to employers in certain circumstances; it is not one without its legal pitfalls. Given the risk of financial exposure, legal advice ought to be sought when an employer is considering demoting an employee before such a sanction is implemented. The inevitable likely impact on staff moral also needs to be considered; it is certainly not a path employers ought to go down lightly.

There are other, perhaps more effective, options available to employers in managing their workforce, such as offering additional support and training in a workplace performance situation, which are far safer and may yield a much better outcome for both employer and employee alike.

Call us or request a call back to arrange a call with with a recommended expert employment solicitor. Happy to chat now? Use our website chat widget bottom right corner of your screen. This site uses Akismet to reduce spam. Learn how your comment data is processed. Delivering informative employment law content and helping you to secure expert advice from recommended employment solicitors.

Call today to speak to an employment law solicitor. Skip to content. Demotion: Five things employers need to know. Demoting an employee can seem a more attractive option than going down the disciplinary or performance route and potentially terminating his or her employment.

But it is not without its legal risks. Demotion can take various forms including a change in: job title; role; duties; and day to day responsibilities.

An employer may look to demote an employee for a number of reasons: Based on work performance. An employer may look to demote an employee as an alternative to dismissal after going through a performance management procedure; As a disciplinary sanction. For example, as an alternative to dismissal in a case involving allegations of workplace misconduct where the employee has substantial length of service; Where a corporate restructuring exercise is taking place.

Consider dismissal If the employee refuses to accept the demotion the employer may need to consider dismissal. The potential legal risks In considering demoting an employee, employers need to be aware that there is a potential risk that they may be exposed to a claim in the employment tribunal.

Equality A demotion may also be the basis for a claim for discrimination contrary to the Equality Act if it can be linked to a protected characteristic such as race, gender, sexual orientation, disability age, religion. The bigger picture When handled carefully, demotion represents a useful option available to employers in certain circumstances; it is not one without its legal pitfalls. By Employment Solicitor Julian Cox. COM Call us or request a call back to arrange a call with with a recommended expert employment solicitor.

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My employer wants to change my hours or location – what are my rights?

If your employer wants to make changes to your employment contract such as your pay, your hours, work location or holidays, it can be a worrying time. A contract of employment can only be changed according to its terms, or with the agreement of both parties. You must be given notice of any proposed changes by your employer. This gives you chance to object to any changes. The first logical step you need to take when you want to object to a proposed change is to ensure you understand your work contract.

What can my job title be?

If you're having problems at work, one of the first things to do is check your employment contract. If any of the terms have been broken, you may be able to claim breach of contract. The contract of employment that you have with your employer is normally a formal written document but can also include other terms. Although you do not have to be provided with a written contract of employment, your employer is at the very least required to provide you with a written statement of the main terms and conditions of your employment on or before your first day of work. It must contain the following:. This written statement is not a contract in itself, but forms part of your key terms of employment. There will usually be many other terms and conditions which make up the rest of your contract of employment. If any of the terms of your employment contract are broken - either by your employer or by yourself - this is referred to as a breach of contract. Examples of a breach of contract could be if your employer does not pay your wages, or you do not turn up for work without a good reason.

Changes to your shifts

Firstly, an employer does not have to provide an employee with a job description at all. The legal requirement is to provide an employee a statement of terms within 2 months of starting. That said many employers include a clause in the employment contract which gives them increased flexibility to amend a role in the future to ensure its demands are met as the role develops. Your duties will include, typing, filing, administrative duties and any such other duties as the Company considers appropriate.

Can my Employer Change my Contract? Objecting to changes

Links to Social websites. This involves Disability Rights UK gathering feedback from disabled people about their experiences of using health and social care services. The CQC would welcome feedback on your experience of using any of the services they regulate. Please click here to do so. If you are a personal budget PB recipient and receiving money from your local council to pay towards the cost of your support, or if you are a personal health budget PHB recipient and receiving funding from the NHS, you will be able to choose how the total sum of money is spent and take as much control over your care in a way that best suits you. One of those obligations is to draw up a contract of employment.

Six employment law changes to look out for in 2021

It may have come to your attention that the British supermarket chain, Asda, owned by US retail giant Walmart has been in heavy circulation within the news recently. However, these changes have since been made compulsory and were implemented this Summer. However, this increase comes at a cost as the contractual changes are set to strip employees of several perks, including their service benefits, paid tea breaks and having Bank Holidays off, as well as being made to work across different departments. Asda have been criticised for putting their employees in such a position, especially with the run up to Christmas, meaning employees are simply in a position where they cannot afford to lose their jobs, effectively forcing them to comply. Employees were given the option to agree to sign up to a new contract before the 2nd of November otherwise they would be subject to leaving the business at the end of their notice period, or in other words, would lose their job.

TUPE and job titles

Your job title is ultimately at the discretion of your employer. Under Principle 3 of the code of conduct , outcome 3. The discretion this provides to employers is important, but CILEx would not recommend the following job titles:. Whilst the term counsel is not protected by law, we would advise members against using it as it could be misleading to the public.

Contracts of employment

A contract of employment is a legal agreement between the employer and the employee. It contains terms, either 'express' or ' implied ', that cannot lawfully be changed or varied without further agreement between you. Where there is a recognised trade union, this further agreement should be negotiated through collective bargaining. If the employer wants to change an important contract term, it should first carry out a proper consultation , explaining the reason for the change, and allowing time for staff to consider the proposal and to suggest alternative ways of achieving the same result. For example, if the employer wants to cut pay or benefits, employees might want to suggest other ways of achieving the same savings. Employers should offer compensation for any loss resulting from any change, and give enough advance notice so that employees are able to prepare.

Changing an employment contract

As an employer, an agreement exists between you and your employees. There are many reasons this could happen, particularly with the pandemic forcing most organisations to work from home. This agreement is paramount. It can provide a livelihood for many and give employees the financial security to have a good life. This agreement helps them feel safe, improves their wellbeing and allows them to work at their best. There is no legal requirement for an employee to have a written contract of employment.

Fdm group 2 year contract

Job descriptions are normally made up of a list of tasks that an employee will need to perform during the course of his or her employment. A job description may also include key performance indicators that your employee should keep in mind. The job description you set should, at the very least, list the most important tasks required to fulfil the role. The simple and safe answer to this question is no.