[Soundwave]

Hi All,

You may remember earlier this year a thread was started by soundwave, my son, regarding discplinary action. Thanks to all who replied, the info was helpful.

He's letting me use his account again as I now have a further enquiry.

I started in a job as Contracts Manager on 26th June 2006. The job was controlling a team of engineers working around Kent. When I arrived the contract was in melt down and I managed to sort the problem and stop the workforce from leaving.

After a month I was asked, as a favour, to help out on another contract, this time around North & East London, undertaking surveys for heating systems. I agreed on the understanding that I could revert to my initial job.

Shortly after my transfer I discovered that another manager had been employed and placed on the Kent contract (he lives in Kent whilst I live in Essex). I commented on this to the Ops manager and he was less than helpful and would not comment on the possibility of my returning.

It now transpires that the workload for surveys has been exhausted (I'm obviously too good!!!!! ).

My question is:

Whilst the contract states "The Co. may from time to time require you to undertake additional or other duties or transfer to other depts. as neccessary to meet the needs of the biz." How often can they ask and can I refuse? Also what is the chance of my requesting/demanding my original job back and them being forced to comply.

I am currently on 6 months probation period - does this give them carte blanch to 'test my commitment'?

Thanks in advance.

P.S.

The Co. is based some 150 mile round trip from home via the M25 and M40. I am home based normally although the contract doesn't state that. If they start insisting on my travelling to the office each day what right have I to refuse this?

[huntere]

A difficult one!

Firstly irrespecive of 6 months probation, up to 12 months a company and can pretty easily get rid you you with fear of tribunal unless its due to discrimination. However ignoring that point for the moment.

What does your contract say your role is? Does it spec the Kent role? If so then moving you permanently to NE London rather than "time to time" to my mind oputs them in breach of contract. A) They haven't negotiated with you this chnage and B) the role you were doing is not obsolete.

Had you been there longer than 12 months I think you would be in a very strong position but as you haven't.....

There are explicit and implicit terms and conditions to a contract. Terms may be varied, conditions can't (or vice versa - never can remember which). This I would say comes under the non-negotiable bit. Also under their implicit terms there is duty upon them to treat you fairly and secure mutual trust. By employing someone in youir job breaks this IMO.

As I say strong position legally except for time fo employment.

All you can do is sit down and discuss with your manager what his plans for you are longer term, is he happy etc etc. If not getting any joy there you could make a grievance but not sure that will help.

Good luck

[unique]

My question is:

Whilst the contract states "The Co. may from time to time require you to undertake additional or other duties or transfer to other depts. as neccessary to meet the needs of the biz." How often can they ask and can I refuse? Also what is the chance of my requesting/demanding my original job back and them being forced to comply.


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theres nothing really to define this. you can refuse, but they could pull you up in breach of contract or discplinary. as you were so good to switch departments after such a short period and effectively work longer at the other site than your original location it makes things more difficult.

personally i get the impression they've made you do a job, you've finalised it, and there is no work left there, and they don't need you at the place where you first started working. as you are on a probation they may not keep you on if there is no work for you. technically they would need to make you redundant, but with less than a years service you wouldn't be entitled to any statutory redundancy payments. of course thats just based on what you've said above, and if worse came to worst

when you say "you want your old job back", technically what you are doing IS your job, what you want to do is relocate your primary workplace to that when you started. as you say, your contract says they can move you about as required, and you've been quick off the mark to do so and effectively made another site your primary workplace, which has been your primary workplace for longer than anywhere else. your best hope was for management to nicely let you relocate, but it doesn't sound like they are going to do that

what are your rights regarding this? mmm, i don't think there is much you can really do to be honest. either put up with it, formally request to relocate (and perhaps be turned down, or even look unwilling to fill the post as per the "companies needs" and perhaps affect your job prospects), or leave. if you have a union rep you could have a word with them, or discuss it with the HR department.

if the work has dried up where you are currently posted, and the original location doesn't need you, i'd start worrying about where you could work next, which could be further away.

not very good news i'm afraid!

[Soundwave]

Thanks for the info. I am at the office tomorrow so will make a point of seeing the Ops manager who I'm currently working for and the Manager who took me on to try to get some idea of their plans and my future.

I'll let you know the outcome.

[Soundwave]

Hi,

Just to let you know, I spoke to my manager and he's got me chasing accounts at present (from home yet!) and is sorting more real work for the not too distant future. It seems they are wiating the supply of more contracts. I also spoke to my original manager and there seems to be a chance of going back there as well!

Nice to be wanted.