The Company has been issuing new job descriptions which appear essentially the same as before; however within the job description is a provision which changes the nature of the employee’s role. We believe these are potential changes or additions to an individuals terms and conditions, which may not be in the original contract.
A contract of employment is a document which attributes the rights and responsibilities between parties in an employment relationship. A job description outlines the role, in terms of both the day to day tasks and responsibilities in more detail.
Employees, who sign the new job description without checking, may find they have agreed to additional obligations without any consideration or recognition for this.
In particular Paragraph 5 commits the employee to undertaking additional and unspecified duties at the sole discretion of the Area Manager and which may not attract any pay or recognition. It goes on to introduce a mobility provision whereby the Company can require an employee to work elsewhere. If an employees original contract did not contain such provisions, their imposition without agreement, could constitute a fundamental breach depending on the circumstances. Such changes which are considered fundamental breaches can lead to employees resigning from their role altogether. Where a change is regarded as fundamental, individuals may claim constructive dismissal.
It is therefore important for all members who are faced with this situation to send us their original contract, job description and the proposed changes for consideration, prior to signing any document.