EN
HR Legal

Removing work tasks did not constitute a termination

logo
Legal news
calendar 26 September 2021
globus Sweden

Two employees at Stockholm University were informed that they would no longer be allowed to devote 30 percent of their working time to research and skill development. Instead, that time had to be spent teaching. According to the employees, the change meant that their employment had changed so fundamentally that it constituted a termination. The Swedish Labour Court did not agree as the tasks did not follow from their employment contracts.

Since the beginning of their employment, two lecturers at Stockholm University had been allowed to devote 30 percent of their working time to research and skill development. However, following a decision by their employer, they were instructed that this allocation of their working time was no longer possible. Instead, they would have to spend that time on teaching.

Because the two employees both considered that the decision to remove these work tasks was so fundamental that it constituted their termination, the case ended before the Swedish Labour Court.

Within the employer’s managerial right to remove work tasks

As a main rule, it is within the managerial right to change an employee’s work tasks. However, only to a certain extent, as more fundamental changes to the work tasks may otherwise lead to it being considered a termination with an offer of employment on new terms.

In this case, the main issue was therefore also if the employment of the two employees had changed so fundamentally that it constituted a termination. Pursuant to the Swedish Labour Court, it did not.

According to the court, it had been within the employer’s managerial right to remove the work tasks. The court pointed towards the fact that both employees were employed with the title “lecturer” and that their employment contracts did not mention any entitlement to spend time on tasks relating to research and skill development. Also, it had originally been the employer’s choice that 30 percent of the working time could be used on those tasks for a while. On that basis, the work tasks could be removed lawfully.

IUNO’s opinion

This judgement shows that if companies let employees have other or extended tasks in relation to what was agreed in the employment contract, or what follows from the nature of their position, it is as a main rule within the managerial right to remove such tasks again, unless otherwise agreed.

IUNO recommends that when assigning new work tasks, companies are careful that those changes do not fundamentally change the position at the same time. It is therefore important to know where the line goes when handing out tasks. If in doubt, companies should seek legal advice.

[The Swedish Labour Court Case 37/2021 of 18 August 2021]

Since the beginning of their employment, two lecturers at Stockholm University had been allowed to devote 30 percent of their working time to research and skill development. However, following a decision by their employer, they were instructed that this allocation of their working time was no longer possible. Instead, they would have to spend that time on teaching.

Because the two employees both considered that the decision to remove these work tasks was so fundamental that it constituted their termination, the case ended before the Swedish Labour Court.

Within the employer’s managerial right to remove work tasks

As a main rule, it is within the managerial right to change an employee’s work tasks. However, only to a certain extent, as more fundamental changes to the work tasks may otherwise lead to it being considered a termination with an offer of employment on new terms.

In this case, the main issue was therefore also if the employment of the two employees had changed so fundamentally that it constituted a termination. Pursuant to the Swedish Labour Court, it did not.

According to the court, it had been within the employer’s managerial right to remove the work tasks. The court pointed towards the fact that both employees were employed with the title “lecturer” and that their employment contracts did not mention any entitlement to spend time on tasks relating to research and skill development. Also, it had originally been the employer’s choice that 30 percent of the working time could be used on those tasks for a while. On that basis, the work tasks could be removed lawfully.

IUNO’s opinion

This judgement shows that if companies let employees have other or extended tasks in relation to what was agreed in the employment contract, or what follows from the nature of their position, it is as a main rule within the managerial right to remove such tasks again, unless otherwise agreed.

IUNO recommends that when assigning new work tasks, companies are careful that those changes do not fundamentally change the position at the same time. It is therefore important to know where the line goes when handing out tasks. If in doubt, companies should seek legal advice.

[The Swedish Labour Court Case 37/2021 of 18 August 2021]

Receive our newsletter

Anders

Etgen Reitz

Partner

Similar

logo
HR Legal Technology

2 April 2025

Draft bill to ensure responsible use of AI

logo
HR Legal

28 March 2025

EFTA Court: Norway can restrict hiring of temporary agency workers

logo
HR Legal

27 March 2025

Self-organiser was not a self-organiser

logo
HR Legal

27 March 2025

Police assistant was dismissed for several data breaches

logo
HR Legal

7 March 2025

Employee became liable for competitive activities

logo
HR Legal

27 February 2025

Employee was not bound by unfair non-competition clause

The team

Alexandra

Jensen

Associate

Alma

Winsløw-Lydeking

Senior legal assistant

Anders

Etgen Reitz

Partner

Cecillie

Groth Henriksen

Senior associate

Elias

Lederhaas

Legal assistant

Emilie

Louise Børsch

Associate

Johan

Gustav Dein

Associate

Kirsten

Astrup

Managing associate

Maria

Kjærsgaard Juhl

Legal advisor

Sunniva

Løfsgaard

Legal assistant

Søren

Hessellund Klausen

Partner