Change in responsibility - new contract?
Discussion
Hi,
My missus has worked for a housing association for a number of years, mainly doing reception/office admin duties. Just over a year ago she was given a secondment to marketing working as PA to the director as well has general marking type stuff, which she was happy with. This also came with a slight payrise for the duration of her secondment. The secondment also coincided with an office refit which meant her old role didn't really exist for that duration.
Office refurb done and it looks like her secondment is coming to an end, although the Marking Director would ideally like to keep her on in her team. Marketing PA has said if GF goes back to old team, she'll need someone at least 14-20 hours a week to cover part of what GF has been doing over the last year.
Situation is this:
GF has suggested she continue this 14-20hours of marketing work, as well as 15-22 hours of her original team's work, if she can keep the extra money she's been receiving this year (saves the company hiring someone part time etc).
Initially this was ok'd, but now they are saying she must either do the work from both roles, but on her initial lower wage, or just her old role (the duties of which are being split between GF and another, hence why GF has time to do the extra now), potentially for reduced money.
As this was a secondment, in my eyes her old role should never have disappeared. It seems it has changed in her absence to be split between 2 people (the other person's role has disappeared completely, so she should've been made redundant in my opinion, not stolen half GF's job!)
So where does GF stand? Does any change of this nature need her to agree a change of her contract/money, or can it be forced onto her?
I hope the above makes sense!
Thanks in advance
My missus has worked for a housing association for a number of years, mainly doing reception/office admin duties. Just over a year ago she was given a secondment to marketing working as PA to the director as well has general marking type stuff, which she was happy with. This also came with a slight payrise for the duration of her secondment. The secondment also coincided with an office refit which meant her old role didn't really exist for that duration.
Office refurb done and it looks like her secondment is coming to an end, although the Marking Director would ideally like to keep her on in her team. Marketing PA has said if GF goes back to old team, she'll need someone at least 14-20 hours a week to cover part of what GF has been doing over the last year.
Situation is this:
GF has suggested she continue this 14-20hours of marketing work, as well as 15-22 hours of her original team's work, if she can keep the extra money she's been receiving this year (saves the company hiring someone part time etc).
Initially this was ok'd, but now they are saying she must either do the work from both roles, but on her initial lower wage, or just her old role (the duties of which are being split between GF and another, hence why GF has time to do the extra now), potentially for reduced money.
As this was a secondment, in my eyes her old role should never have disappeared. It seems it has changed in her absence to be split between 2 people (the other person's role has disappeared completely, so she should've been made redundant in my opinion, not stolen half GF's job!)
So where does GF stand? Does any change of this nature need her to agree a change of her contract/money, or can it be forced onto her?
I hope the above makes sense!
Thanks in advance
From memory, being 'on secondment' is a bit of a grey area - however the basic principle is that the original job (for which she has a contract of employment) should be maintained. It may be the case (I'm not sure) that it could also be treated like a form of Maternity Leave where a job of a 'similar status' must be offered if the original job has evaporated.
Would the Marketing boss be able to give her any guidance?
It seems short-sighted of the company to be awkward with what appears to be an extremely flexible employee.
Thanks for that NDA. It was my though too that she only has a contract for her original employment, which should remain open and unchanged for her. What's happened here is that in her "absence", another colleague should have been made redundant but instead they've given her half my GF's job! It was a pretty tedious job in the first place for her (hence wanting the secondment in the hope it would lead to something more), so she's not happy that it will either:
- become even less of a job, with an associated salary cut
- be combined with some of her new marketing work she's been doing (making it a pretty busy role) for the same money she used to be on (despite the marketing side effectively being a promotion of a couple of levels)
What complicates things is that the Marketing Director wants to keep GF, and keeps applying for the secondment to be extended. This is great for GF as she likes that role, but my only concern is that her original role will "disappear" or be given fully to this other employee, and GF will have no fallback if/when this secondment finally ends.
Thanks for the advice
- become even less of a job, with an associated salary cut
- be combined with some of her new marketing work she's been doing (making it a pretty busy role) for the same money she used to be on (despite the marketing side effectively being a promotion of a couple of levels)
What complicates things is that the Marketing Director wants to keep GF, and keeps applying for the secondment to be extended. This is great for GF as she likes that role, but my only concern is that her original role will "disappear" or be given fully to this other employee, and GF will have no fallback if/when this secondment finally ends.
Thanks for the advice
The Marketing Director should ask for her to be transferred full time - problem solved. Her Continuous Employment Rights would remain in place of course.
I wonder why he can't do this?
It's also worth noting that NO changes to a Contract of Employment can be made without the employees consent.
NDA said:
The Marketing Director should ask for her to be transferred full time - problem solved. Her Continuous Employment Rights would remain in place of course.
I wonder why he can't do this?
It's also worth noting that NO changes to a Contract of Employment can be made without the employees consent.
Again, my thoughts exactly. The only reason she cant be transferred full time is budget. Oh, and the fact that they just got rid of a lot of PAs, and because that marketing role is mainly PA work, there would be an obvious issue here (it should've been offered to one of the PAs being made redundant).I wonder why he can't do this?
It's also worth noting that NO changes to a Contract of Employment can be made without the employees consent.
The company is a bit of a mess to be honest and she's looking to get out. Not the best time though...
Thanks again
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