Employment Contract Broken - Rights?

toasteen

Hi everyone,

I got bad news recently about a job that I was due to take up. I have signed a contract to start working in a particular role/division later this year within a large well-known company. However, the company has sent me a letter to say that instead they want me to work in a completely different division or else not work for them at all.

The company's approach seems to be like an ultimatum - either take this other job or get lost - despite the fact that I have signed a contract which specifically states that I will be working in the other role.

The problem is that I have absolutely no interest in the new role, and I was depending on the job that I originally signed up for. I'd like to avoid naming the specifics, but to be honest the roles/divisions are as different as night and day.

I'm wondering have any of you been in a similar situation in the past, or does anybody know what rights apply in a situation like this?

leeroybrown

As far as I know, once both parties have agreed the contract, them pulling out of it would constitute a breach of contract. If they cancel the contract you could go ahead and take legal action on the basis of financial inconvenience caused, but this would be at a relatively high cost and risk, particularly given that they have offered you alternative employment and should they choose could probably fulfil their legal obligation by getting you to work for one day then paying out your notice.

If you have given up your current job and they have landed you in a mess because of this then you're definitely in solicitor territory as only they can advise you of the likely outcomes, costs and risks.

toasteen

Thanks for the reply leeroybrown.

I hadn't actually thought of the possibility of them fulfilling the contract in a superficial way like that. Given the current economic climate though, they probably see it from the angle that I'm lucky to be given any job at all.

The contract was actually signed last August, and with the security of this contract behind me I chose to do a masters degree for the past year at an enormous cost. It's a right mess to be in.

Maybe it is solicitor territory as I can't figure a way forward from here myself. Cheers

Jo King

What is the notice period in the original contract? All you will get in damages is the amount of money you would have earned in the notice period, less any earnings you get from alternative work during that period.