Rights Under the Employment Law Case Study Example | Topics and Well Written Essays - 1750 words

Rights Under the Employment Law - Case Study Example In addition to a decrease in sales work on the road, Andy was told he must take a course in electronics in order to make after-sales repairs. His hours were increased: he would no longer have a half day on Fridays and would be on call one weekend in six. Andy wants to know if he must agree to the changes made by his employer. He has been with the company for two and a half years. Several issues have been presented here, but it would be necessary to know what Andy's terms of employment were when he took this job. Because of the length of his employment, he does have specific options. Will these changes affect his salary Is he on commission only What financial losses will he incur with these changes Will the company pay for his electronics course Is he willing to increase his knowledge in the area of electronics The answers to these questions will begin to determine whether the changes would be mandatory or might be adjusted in Andy's favor. As soon as an employee accepts a job offer, he is considered under contract, even if he has no written contract (Advice Leaflet 2005; "Contracts of employment," DTI, 2005). Terms of employment, however, can be changed by mutual agreement. The terms under a contract of employment that might be affected by changes in Andy's case are pay, hours of work, fringe benefits, and job duties and responsibilities ("Changes to employment contracts," 2004). Andy and his employer might be able to agree on a compromise. If there is a written statement in the form of an employee handbook that describes his duties and responsibilities as they existed when he was hired, it might help Andy's case (Rights at work, 2005). When an employer makes any changes to Andy's duties and responsibilities, the employer must give him a written statement, not just verbal, within a month, stating planned changes to his original duties (Advice Leaflet 2004). In the case where Secure It gives Andy no option but to accept the changes, he can object and end his employment which is called "constructive dismissal". He would then have the right to make an employment tribunal complaint which would give him the same rights as if his employer had dismissed him (Contracts of Employment 2005, DTI, sec. 8). This would not have to be done if Andy was willing to accept some changes and make an effort to reach a compromise with his employer. Breach of Contract Since Andy does not expect any compromise from his employer, he would like to know what his next step should be. He says he thinks his employer wants him to leave the firm. Andy said he was told by his employer that he had better be good at electronics because his sales figures showed what a rubbish salesman he was. Andy would prefer to leave the company and wants to set up a rival security firm with his friend Lou. He wants to know if he can do that since there is no actual written contract. Advice Andy should understand that he can start planning a rival company, but until his issues with the company are resolved, he cannot do anything about it. As noted before, he is under contract even if it is not in writing. The question here would be does he want to leave, or would it be possible for him to accept changes through mutual