The Student Room Group

mis-sold a job

I handed in my notice after signing a contract for a new job in a new company.

Upon starting, I was told that my responsibilities had been halved and split with another person who went for the same position. My current responsibilities are still in my initial job spec but I have been told that for the foreseeable future this is all I will be doing.

I later discovered from the person who holds the other half of my job, that they were told the job was not as initially described and had changed. They also rewrote an amended job description for this person ahead of any contract signing.

My new job description document includes many changes and requires me to have skills and experience that I do not have. I was unaware of any changes to my job prior to taking the job for which I left my old job for. I have also not given my consent for any amendments to be made to my job.

Whilst I can see that some people would be happy to have their responsibilities halved without changes to their pay however I accepted this position on good faith that I would be allowed to develop my skill set in other areas.

Has anyone else experienced anything similar, if so what did you do?
happens to lots of people tbh, its just one of the realities of the job world

if you haven't burnt any bridges with your previous company, possibly go back to them?

theres not much you 'can' do, just bring it up, in reality, if you are saying that you WANT more responsibilities, that can (for the most part) only be seen as a good thing, provided your doing your current responsibilities to a good standard anyway

as you said though, if your being paid X amount to do ABCD, and they are offering you the same to just to AB, whats the problem brah?
Original post by Toez
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I'd have taken the money, done the remaining half a job they clearly thought I could do, and I'd applied for - so presumably wanted, and then seen how it played out in real time. If after a couple of months it wasn't shaping up, I'd have started applying elsewhere. End result would have been income, plus experience and six months down the line either a new job, or this job shaping up better than expected.
Reply 3
Sorry perhaps I should have been more accurate earlier, whilst I retain AB responsibilities I did take this job was to do C and D. I did A and B in my previous job and I could have just stayed there, the addition of responsibilities I have no understanding of or the skills* required to now do the job are also a concern to me.

I have spoken to management asking them why this has happened and whilst I believe no malice was involved they have simply said that the situation has changed and this what is required of me now.

*one of which requires me to gain accountancy qualifications, I have none currently.
Original post by Toez
........


I'd have certainly stuck around to get accountancy qualifications! At the other end of a career, ie Director level, i'd say an accountancy qualification is about the most useful general career qualification to have. I'd still have sat down with the company and worked out what support they were going to give me for the new responsibilities and then proceeded as in my previous post.
Reply 5
It sounds wrong that the company gave you duties that you didn't sign up for. Seems like you got duped into this job, no offense. Similar to those pesky 'direct marketing' companies which turn out to be door to door selling.
Have you considered a legal route?
If it bothers you enough then go and get advice maube from CAB or more likely a law centre. You will need tyo draw up a timeline of events and take along all your documents including most importnatly the employment contract. They are looking at their right to vaty the terms and whether you agree.

If you feel unhappy you then have to decide whether you are prepared to protest or take them to a tribunal. This fundamentally changes your relationship with them an as you are new I'd think it would be very difficult t stay after.

Sometimes bank accounts, credit cards and union membership will include free legal advuice helplines. You need to see an employment law specialist.

https://www.citizensadvice.org.uk/Documents/Advice%20factsheets/Employment/e-changes-to-employment-contracts.pdf

I would have thought the requirement to tale accountancy exams a plus, but ofc if you hate ut then I cna see why you wouldnt wnat it.
Original post by Toez
Sorry perhaps I should have been more accurate earlier, whilst I retain AB responsibilities I did take this job was to do C and D. I did A and B in my previous job and I could have just stayed there, the addition of responsibilities I have no understanding of or the skills* required to now do the job are also a concern to me.

I have spoken to management asking them why this has happened and whilst I believe no malice was involved they have simply said that the situation has changed and this what is required of me now.

*one of which requires me to gain accountancy qualifications, I have none currently.


hmmm, are they paying for these qualifications? im quite practical, so i generally encourage people to take free funding for stuff while its there, will you LOSE the job without these qualifications?

to be fair bro, developing and enhancing your skills doesn't have to only be done with your employer's 'permission', i mean, this is dependent on your working environment, but you could voluntarily shadow the person who has taken over the responsibilities that you wanted? Most companies tend to give you duties you dont want/were not expecting, have you fine-combed your contract agreement with them to make sure that what they are doing is actually 'wrong'?

Ive read alot of contracts, and MOST of them generally tend to have written in there somewhere something along the lines of 'even though your job title will be X...' ' this does not limit your duties' 'nor does it mean that this is an exhaustive list of duties' etc. basically, be sure that when you signed your contract you didnt essentially agree to them being able to do this
Original post by 999tigger


If you feel unhappy you then have to decide whether you are prepared to protest or take them to a tribunal. This fundamentally changes your relationship with them an as you are new I'd think it would be very difficult t stay after.

Sometimes bank accounts, credit cards and union membership will include free legal advuice helplines. You need to see an employment law specialist.


So early into a new job he's probably in probation, they dont need alot to fire you when your in your probation, and while they could never 'legally' do it because you've taken them to tribunal or complained about them changing contract terms, as you rightfully said, it would effectively kill the relationship you have with them there

If it gets to a point where your thinking of taking it further, if your still fresh to the job, just leave
Reply 9
My employer has not offered me assistance to pay for an accountancy course they simply have added to my job requirements to have it.

An example as to how much my job has changed is: I started in marketing one day, finance the second day and then customer service.

I am considering legal advice I have spoken to an employment lawyer and they have said I have a case, especially considering I can prove that they have radically changed the job.
(edited 8 years ago)
Well there are free sources, but if you can afford a lawyer then see if they do a fixed fee interview or maybe a contingency no win no fee basis.

You have to think about how annoyed and unhappy you are.

The cost

The fact of being in dispute with employers.

As you ahve just started, then maybe its better to sort it out now and go find a new job after you have taken action against them.
Original post by Toez
My employer has not offered me assistance to pay for an accountancy course they simply have added to my job requirements to have it.

An example as to how much my job has changed is: I started in marketing one day, finance the second day and then customer service.

I am considering legal advice I have spoken to an employment lawyer and they have said I have a case, especially considering I can prove that they have radically changed the job.


Yes but when you say added to your job requirements what does that mean? do you have a time-limit to get these qualifications? have they clearly stated what will happen if you don't get them? Have they told you that they EXPECT you to shell out of your own pocket?

And if you were going to take the legal route, ask yourself, what exactly are you trying to accomplish? the second you bring in an external factor you make it a different kind of issue if you know what i mean? if your aim is to force them to allow you to do the tasks you want and originally signed up for, they could (probably) easily make a case that they made a mis-take and over-estimated how much work was required in that department, and letting you work there wouldnt benefit the business. Not to mention, it burns bridges, no one wants a legal representative calling them about one of their own staff, especially one who hasnt made it 10000% clear how unhappy he is about his new terms (if you haven't i mean).

Is your aim financial compensation? You want them to give you money because they made you quit your job and now your in a job you hate because they essentially lied? Nothing wrong with this, but its a long road and they will come out swinging if you are talking 'legal costs', This lawyer, does he know the story fully, is he confident that you have a case? Because IF he is, then in theory, getting legal representation shouldn't be too hard, most no-win-no-fee firms will leap into a case they believe is a sure thing

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