Breach of contract ??

[Dave72]

Hi , I could do with some advice on this on

I work for a small family company with 3 branches , I’m currently a branch manager of one of them , I have a couple of staff , a trade counter and deal face to face with customer , I’m also responsible for the smooth running of the branch which include sales , quotations, purchasing and so on . The company have decided to restructure the business and have decided to close my branch , I was aware of this verbally in November although I have not been officially notified in writing

They came down last week and cleared all the stock and then basically up rooted me and relocated me into a small office in an office complex ( one of these rent by month offices ) a couple of miles away , before this happened I asked my employer if he could confirm my new job title and job description., his reply was he doesn’t have to provide this information as my job isn’t changing ! I question this as my responsibilities and duties are changing .. all I will effectively be doing is answering a telephone and loading customer orders , the environment is completely different to where I was working before ie I came from a large airy branch seeing people and dealing with customers to being sat in an office with no one around me which I can only describe as solitary confinement

Contact states the following

Appointment
“ you are employed as a Branch Manager and based at our ******* Depot . The nature of the company’s business and your role ma require you to routinely work away from your base and may require you to work at other locations where company activities are undertaken and to perform alternative duties. It is a condition of your employment that such duties will be undertaken however reasonable effort will be made to keep such requirements to a minimum “

Change to terms and conditions and company rule procedure
“Where it is necessary to make reasonable changes or amendments to this contract to your job description or to the employee handbook you will be advised of this intention in advance and in any event any changes will be confirmed to you in writing at least one month ahead of them taking effect


Been employed with this company for 13 years, 8yrs as a sales rep and 5 as Branch Manager



Is my employer in breach of contract?

[Dave72]

Can anyone offer any advice on this please

[ULA]

The "appointment clause", effectively allows them to ask you to work at other locations and undertake alternative duties away from your normal detailed Depot. However, not sure given that the branch has closed it covers a permanent change. Are other terms like hours of work, salary etc unchanged?

They have certainly not provided the notification to you in writing at least one month ahead of the event.

Just out of interest what have happened to the other staff that worked at the depot?

[Dave72]

Hello Ula

Many thanks for your response , everything is the same ie salary , hours etc just my place of work and the duties , I literally just sit here answering a telephone and loading orders onto the computer, I feel like I’m in solitary confinement

with regards to the other staff 2 have left and the engineer
has been given a van and told he’s now a mobile engineer,again he hasn’t really been consulted just told

we are both now in a position where we don’t want to work for this company any longer but are unclear of a way forward

[Dave72]

Can anyone else offer any additional advice on this please

[ULA]

Given that you have not had any changes to salary, hours, the place of work has only been moved a couple of miles, it would leave the issue of the change to your duties and responsibilities as the potential breach if this is a long-term situation. In terms of the process you can only sue for breach of contract at an Employment Tribunal (no fees) if your employment has ended otherwise it would have to be through the Courts where fees would be incurred and if you lost you may be liable for the other side’s costs.

Is it worth speaking to your employer to see whether this is just a short-term situation?

[Dave72]

Hi Ula

thanks for your reply , it is long term apparently they have signed up for 2 yrs for this office , all my duties have been stripped apart from answering the telephone and loading orders into the computer, I do have however have proof that they were intending on making a compromised agreement with me to leave immediately, this is a document I’ve seen and have a copy off .. obviously I no longer have trust in my employer

[ULA]

Maybe the conversation about your situation could "engineer" your employer discussing a Settlement Agreement

(formerly Compromise Agreement)

with you, particularly if they already had it in their minds that it may be a course of action they would take.

[Dave72]

Hello Ula

thank you for your advice ? To be honest I think this probably is the only way forward now , I’ve lost trust and confidence in my employer and I shouldn’t be dragging myself in to a place of work where I’m not happy

thank you

[ULA]

Best of luck and if you need any more support you can always pop back into this thread.