Help with a breach of contract

[furiousfox]

My employer decided without consultation to assign to me another colleague's department to manage when he retired. My contract clearly defines the department I was hired to manage so I think this is a breach of contract. I am still employed by the organisation and can't address the breach in a tribunal as far as I understand it so it seems that the court is the only option. I am very angry with them but the legal costs scare me so I think that if I could get my employer to accept that my role has significantly changed and merits an upgrade and salary raise then I would be satisfied. I have raised the subject numerous times and in a grievance but they refused to acknowledge the significance of the change in my role.

My question is this: can i bring this case to a tribunal asking to be compensated for "lost wages" as i was doing a second job?. I am the only person in the organisation managing two departments (every other manager just manages one) so not sure how the extra salary will be calculated.
If this is not an option then is there another way to get compensated for doing 2x the work and make my employer adjust my salary for the future?

I'd appreciate any advice on this. Thanks

[atticus]

if - IF - IF - (yes, a whopping great "if") - this is a breach of contract then you may resign and claim constructive dismissal. Not a course to be undertaken lightly.

Have you studied your contract carefully: many give employers flexibility in assigning/changing duties.

Taking your employer to a court or tribunal will not do wonders for your career prospects. Maybe you should consider biding your time and moving on when you have found another role that suits you.

[furiousfox]

Thank you for your reply.

I think it is a breach because the dept. I was hired to manage it clearly defined in my contract and the only change that is mentioned is a transfer. My workload is doubled, not a small change. I am not ready to resign and move however which is why I am considering ways to make my employer adjust my salary given that my responsibilities have doubled. Is this something I could take to a tribunal?

thanks again

[atticus]

Maybe our employment law expert ULA can comment further on their next visit.

[ULA]

How long have you been employed at the company?

Short answer this is not something you can bring to an employment tribunal.

Before we can advise further you would need to post up relevant parts of your contract (anonymised) that relate to your role and any changes. Does your role have a job description? If so what does that state about "other duties to meet the needs of the business" there is usually something worded along those lines in the majority I have seen.

Going to a civil court will require you to pay court fees, have a very strong breach of contract claim and be able to quantify your loss - given what you have said not something I would want to embark on.

My best advice is to start to open a dialogue with your employer.

[furiousfox]

Thank you.
I have been in this post for more than 5 years. The change in my responsibilities is beyond what can be considered reasonable but I am not really able to pursue a breach at this stage. I am just trying to work out if there is a way to make my employer reassess my wages. As I mentioned above the post I took on was previously covered by another technical manager who retired. He was paid at a higher grade due to historican reasons. There are two more managers in an equivalent role in the organisation who each manage just one department. Not easy to provide the details here but we are talking about a massive area of responsiblity with labs and offices. I think I can provide convincing information to show that I am doing to people's jobs in contrast with my other colleagues who each handle just one dept. If this is not something I can take to a tribunal (unpaid wages) then I dont' think I will be able to do anything about it simply due to cost.

Thanks again

[ULA]

Maybe you should consider writing to your employer setting out the duties you are now performing and also the comparison with your peer group of managers and their responsibilities.

I am not sure if you have a job descriptions for the department you were overseeing, if so it might be useful to add in all the new responsibilities you have with the additional new department but put that in a separate colour so it is very clear what you now have overall to manage.

[furiousfox]

Hi

thanks again for taking the time to think about this. They are well aware (there is an ongoing grievance process as I mentioned above) but I think they are trying to defend the original decision and the people who took it.

Many thanks again

[furiousfox]

If you could explain why the tribunal route (for lost wages) is not an option it would really help

Thanks again

[atticus]

You are not complaining about being paid less than your contractual wage; you are wanting a higher wage to be imposed. That is not what the Employment Tribunal does.

As has already been said: dialogue with your employer.

[furiousfox]

Ok, I see the logic of this. I did look at a few sites before I came here but it wasnt clear what the "lost wages" claim covers exactly. thanks for clarifying it.