Contract Breach

[Ideas01]

I started working for a new company as a draftsperson. That is my job title. In the contract it stated initial factory work. I have been working in the factory for over 5 weeks. I spoke to my boss and asked when I will be heading into the office and he said we don’t have a date at the moment.


Has a breach of contract occurred? Do I have backing from a legal point of view?

Thanks

 

[Rod]

Depends on the definition of initial.

Is there a pay difference between the two types of work?

 

[Ideas01]

Yes there is a pay difference. I have also been working as a service technician and doing delivers, yet remained on the same salary. (Which is lower than most people in the company as it is my first role as a designer, I am a junior).

I don’t not have this in writing however, I was told on the phone that I would be in the factory for 2 weeks whist someone is off injured. This person returned to work yet I am still in the factory.

My boss said they do not want to purchases another solidworks licence and I would have to wait until one of the other designers went on maternity leave In September. So Maybe in 4 months I will be in the office as a designer. This also implies that when she gets back from having her child I will be back down in the factory.

 

[Rod]

I'd be looking around for another job, and then when you have one, put in request for back pay from your current employer.

They should not have employed you if they don't want to pay for a licence.

 

[Ideas01]

I'd be looking around for another job, and then when you have one, put in request for back pay from your current employer.

They should not have employed you if they don't want to pay for a licence.

Cheers.

The worst thing Is i quit my previous role (I wasn’t fired or unemployed) for this one and then relocated.

 

[Rod]

Hmm, moving costs, you have a potential claim for damages.

Might be time for a more frank discussion with the boss.

 

[Ideas01]

Hmm, moving costs, you have a potential claim for damages.

Might be time for a more frank discussion with the boss.

That might be the case. At the end of the day they have hired a qualified tradesman (had no intention of placing me in the role they hired me for) and now have me working in the factory and the field on junior design payment rates.

In saying that if i start being assertive and get frank with my boss I would potentially bully/blackmail/threaten my way into the role I was hired for, making for an interesting employment review in 5 months time.

 

[Jenny453]

I would ask for a meeting... from my understanding I was employed to do this and should be getting paid this. I also understand that the company has changing needs however I would like a clear timeline as I was employed as a draftsperson not a factory worker. Look for other work and learn from this, good employers tend not to play games like this with good employers.