I wonder if anyone can help on this matter.
I resigned from my job yesterday. I work as a Sales Director for a smallish firm (25 in London, 200 globally) and while part of my role is (was) cold calling/prospecting, (25% at most), it was also working on existing opportunities, managing existing accounts etc. We actually have a person - Inside Sales- whose role it is to purely cold call and generate leads for sales people. Our Inside Sales person left 6 months ago and my company are looking to replace him. It's not a great job, pay is poor, it's quite junior and cold calling all day isn't good for the soul. Purely my opinion. When I resigned the main reason I gave is that I dislike the cold calling aspect of my job. (And for me life is too short to do a job where I hate 25% of it)
Anyway I have 3 months notice. I resigned and am going to a competitor. They don't want to give me gardening leave however. They want me to do one of two things. Leave now and cut my contract short (ie so they don't have to pay me for the 3 months). I've said no and am standing firm.
The alternative is they want me to spend all day every day cold calling, ie do the (more junior) job of an inside sales person. it doesn't take a genius to see that they are trying to manage me out. (incidentally they are not trying to reduce my salary for the duration of my notice period, that would be completely illegal and even they realise that)
My question is, do they have the right to make me work my notice in whatever capactity they see fit, even though it is effectively not the job that I was hired to do?
Thank you in advance for any legal advice.