Validity of a cContract of employment

[erniemorton]

I have a contract of employment duly signed by employer (county council) and myself. I commenced my current job Dec 2004, received contract March 2005. I carry out my duties conciensciously and have had no criticism or disciplinary action against me.

The council are closing a site and moving staff with 2 or more years service to the site where i am currently working. I have a total of 21 months service with the council. The job I AM CURRENTLY DOING was recently advertised internally. I discovered this when i arrived for work! I was gutted and felt betrayed, angry and physically sick - nobody had told me...They (my manager) informed me several days ago that another member of staff with over 2 years service had applied for the job and pending interview outcome, would probably get it. My manager then offered me alternative post at a redcuced salary and on different shifts. I havent responded to this offer yet as i pointed out that i already have a valid contract signed by the personnel manager and myself for MY CURRENT POSITION........ If i refuse to accept their offer, which i dont want, can they dismiss me. It just seems so unfair and unreasonable, i am being forced into a situation i do not want. Sorry for droning on but if anybody out there can constructively help i would be grateful. I intend to seek legal advice before i do anything else. 

[bracknell]

First of all take out your contract and read it especially the small print.  Was it a permanent postition or was it a contracted term of employment.  Does it state that they "have the right to change" etc offer alternate positions. You have to be very careful, is it exactly the same position or is it slightly different.  Be very cagey as the council will be.  It is better to look at your contract, get a copy of the advertisement and put all the facts together and talk to the Citizens Advice Bureau.  If they are no help, you could try one of these compensation lawyers that are starting to crop up.

Good Luck

[Buenchico]

If you're in a union, then contact their advisers.

Even if you're not in a union, find out which union represents workers within your sector of the council's employees. Contact them anyway because, even though they can't formally represent you, they might very well be interested to hear about the council's idea of fair working practices.

Someone else who might be very interested in your case is your local Councillor. (My local councillor just loves doing battle with MP's, government departments and just about everyone else but, where she's really outstanding, is in dealing with problems related to her own council!).

Hoping this helps,

Chris

[undercovers]

what a horrible situation - and they are not really allowed to do what they are doing, see http://www.lawpack.co.uk/contract_terms.asp for a quick guide HOWEVER they have picked on you because you do not have a full years service e.g. you cannot claim unfair dismissal, see the "who cannot complain..." section at http://www.dti.gov.uk/er/individual/unfair-pl712.htm . so really they have got you over a barrel, I think you should go and see the citizens advice bureau as mentioned but i'm sorry to say i don't know what can be done. I would refuse to accept the changes and let them fire you - then at least you can get dole money while you look for new work... try taking it to the local papers if they do threaten to fire you, as it is obviously a morally wrong money saving scheme (they would have to pay redundancy pay to the people form the site that is closing if they didn't give them alternative work) and a local journo might pick it up and make some noise on your behalf

[january_bug]

Your solicitor/barrister (depending on if you take this to the EA) will probably argue along the lines of breaching the implied term of Mutual Trust and Confidence.  You may well be encouraged to resign and claim constructive dismissal. 

Either way, you are quite right to contact a qualified lawyer and take their advice.  To save money, contact the Citizens Advice Bureau, or if you live in a university city, see if their law department has a legal advice centre.  I worked at one for years and we offered free advice.  The work was done by law students, BUT verified and checked by qualified lawyers, so it was sound advice, that was free. 

Good luck.