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I have just had a HR audit carried out by an employment law specialist who has recommended the following under the job title section in the contract:-

Provision should be made to appoint another person to work with the employee. By having this provision in the contract, it will reduce the chances of the employee successfully arguing that they were constructively dismissed because the company appointed someone to work with them.

Can someone please explain this as I have never heard of it or my fellow students at college.

Has anyone got a suitable clause to put in the contract please, it would be really appreciated.

I could ask the employment law specialist but there is a further cost to this!

Thank you for you anticipated co-operation.
Debbie Baker

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By Anonymous
19th Apr 2007 13:30

I have come across this before and had the following in our contract of employment.

3.1 The Company may from time to time appoint any other person(s) to act jointly with you.

3.2 If you are unable to fully carry out your duties for whatever reason the Company may, at its absolute discretion, engage or employ any other person(s) to perform some or all of your duties on a temporary basis until you are able to fully resume the proper performance of your duties.

3.3 During the period of your employment you shall:

(i) report to the person named in your offer letter and/or such other person(s) as the Company shall determine from time to time.

(ii) comply with any such lawful and reasonable directions as given by the Company or any associated company (including customers) to which you shall be seconded or required to undertake work for from time to time

Your employment law adviser is correct to suggest such a paragraph.

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By peterstanway
19th Apr 2007 18:47

Iain is right but such clauses only tend to go into v senior contracts
If you consultant charges extra for explanation get a good one

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By Anonymous
20th Apr 2007 09:13

In my last post as Head of HR for a Facilities Managment Company we had the cause in all contracts it did mean that if we had someone under performing we could put someone alongside them whilst we addressed their performance issues.

The only clause that was in a Senior Contract that wasn't in any other Contract was one for Garden Leave.

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