Just Need Some Advice Please

slim_bird

My hubby works for a national construction firm.

Last Nov they were told that they would have reduce the work force. They were informed that everyone would be assessed on the same criteria.

However they then moved the goal posts for my husband's position. He and 2 others were managers and the company said that they wanted to 'move forward' and were going to create SENIOR managers posts instead.As there were only going to be 2 posts they would have to interview.

Coincidentally one of the 2 was on agency books and was advised in October(!) that he should go 'on the books'.Clearly this then made him eligable for an interview. The person interviewing had worked with this guy at another branch so they knew each quite well.

Prior to the interview my hubby discovered thay there was a 4th candidate applying from out of the area.

Hubby met a fellow colleague/candidate on his way out of the interview room.
Hubby's interview went 'really well', he felt.

A few days later Hubby saw the questions and answers sheet for the interview,on the car seat of the guy he'd met coming out of the interview room .

He asked what they were doing there. The guy was very cagey and said that he'd taken off the desk during the interview when the interviewer had left the room. His reason was that he wanted to see how well he'd done!!!.

Hubby was going to take a photo but the guy moved them off the car seat.

Hubby knows he's lying because a HR rep was in the room, so did he steal them from under her nose??? And also Hubby was the next in and the interviewer had them infront of him. That wouldn't of been possible unless he strangely had multiple copies of the Q and As !!!!

Anyway, yesterday Hubby was called in for results of interview. He purposely took a friend in with him, as a witness.

He didn't get the post. They (his line manager and HR rep) went through the practicalities of returning comp car etc and then he asked Hubby if he'd any questions.

He relayed the situation of seeing the Q & As sheet and asked why he had them.

His line manager said that someone had asked him for the Q & As after the interview BUT this guy said he'd taken them.

Surprise,surprise this guy got the job along with the other lad who'd worked with the interviewer!! HR said they would investigate it and report back to hubby next week.

Incidentally the 3rd lad (brought on the books in Oct) had his interview after my Hubby so it's quire feasible that he too had a copy of the Q &As OR that the guy in before Hubby had given them to him.

Hubby's not convinced that there was even a 4th person for the interview and that they were just covering their [EMAIL="a@@es"]a@@es[/EMAIL].
Unbelievably the same company are now advertising for the same managers job Hubby was doing but on another site about 25 miles from where Hubby worked. So much for wanting to 'move forward'.

Hubby is fuming and he's awaiting the report from HR. If they are doing their job right Hubby should be called in for his statement.He's not going for the present managers post as he sticking to his principles and the contract finishes end of the yr anyway. I earn a decent wage so money (altough vital) isn't our immediate concern.

There's 2 things here bugging him.

Why did they change redundancy criteria just for his post AND....
Is it just us or does anyone else out there smell a rat????

Would really appreciate any thoughts on this.

It does come down to it being one person's word against anothers but Hubby's thinking of seeking some legal advice

Sorry for this being so lengthy but thanks for taking the time to read this.

jobbingmusician

Two points here.

The 'one person's word against another's' - might be worth getting legal advice. The other point is much more relevant, however.

The other point - another job at the same level, 25 miles away? Why has your husband not been redeployed into this post? Suggest he contacts HR urgently and asks them: Why was he not considered for redeployment? What is the company policy on redundancy and redeployment?

I assume there is no union to help him? If the answers to the above are unsatisfactory, he should raise a grievance and indicate that employment tribunal is a possibility......

slim_bird

The plot thickens...
There were 3 posts for the same position on the company's web site.2 end tomorrow. One of these is the one 25 miles from us. It has been taken off today but the other one remains!!!!!!!!!!!!! STRANGE.............

Confusedconsumer_2

Go to your local citizens advice bureau, they are in the phone book.

Or if you have free legal advice with either your house or car insurance, or your credit card company, call them and ask if they can give you the name of a local specialist employment lawyer.

Good luck.

slim_bird

Thank you for replying and offers of help. Sometimes when things are so blatantly obvious you start questioning whether you are right.

Going to check out the home,car insurance cover. Thanks for that.

Did call a solicitor yesterday. gave him an outline of the situation after which they said they would be happy to take the case on so i guess they wouldn't want to persue something they felt wouldn't get a positive outcome.

Citizans Advice was closed today. Going tomorrow.

Hubby called the HR rep from his workplace today for an update. The investigation is 'ongoing' and they plan to speak to the HR rep and guy who carried out the interviews, tomorrow. He didn't mention the 'removed' post. He's going to wait and see what the investigation flags up.

I've got a sneaky feeling that they may have realised their wrong doings in all this and offer my Hubby that position. That way it'll get them off the hook if there is a case to persue.

Thanks for taking time to read this. Will keep you up to speed with developments

slim_bird

Got appeal hearing on 24th Feb. Have been advised that he can take either Union rep or work colleague with him. Does anyone know if he's got the legal right to take anyone else with him or does it have to be as stated?

Thanks

Emmzi

has to be as stated.

if he takes his lawyer they will want to take theirs :-)

sometimes they let a friend from outside work go, but they do not have to, and I've only seen it done in eg ill health cases where people are likely to have reasons they will get over emotional.

slim_bird

Had the hearing today and as expected they were ready with wha they consider acceptable excuses for their actions.
The part regarding my husband seeing the Q and As in one of the other candidates car was supposedly to be under investigation. We did find this odd as for the last 6 weeks my husband hasn't actually revealed the person's name so we're at a loss who or what they've been investigating.
They tried to say that it was the company who gives them the tender wanting more senior people in post WHY?????. The job description is word for word the same ARGHHHHHH This aslo was their justification for changing the selection criteria for wht they originally said.
Have been to CAB and got some brilliant advice and support. Going to relay all this them and take from there.

Have also checked out the legal cover on the house insurance and we're covered so does anyone out there think we'd be better off going with someone in the legal profession or stick with CAB?
Thank you all for your time and advice.

slim_bird

UPDATE
CAB have officially lodged the complaint for unfair dismiisal and at the minute it's in the hands of ACAS.
HOWEVER... received a letter today,by recorded delivery, from the company informing hubby that the post of Site Manager, that was strangely removed, has now come back on. They've invited him to apply for it!!
By pure coincidence (not) it has just passed the magic 12 week period from when he finished.
Have been in touch with CAB advisor and been instructed to apply for it so that he's not viewed as being unreasonable should this all end up in a tribunal.
Also been told today that the company have not yet responded to claim of unfair dismissal.
This is all beyond a joke. My hubby should have been redeployed into this post when it was first advertised.To pull it off the web site claiming no funding was available is a farce. They clearly had 5 days prior when it went on.
Not sure what they're playing at here. Half thinking they are box ticking to look like they've done one thing right. On the other, got a awful feeling they will offer him the post to avoid egg on their faces. Either way they've got him really.If he doesn't accept it they've got something to come at and as his JSA is conditional that will stop. If he does accept it, does that mean that an end to it going any further or can he still persue the initial claim of infair dismissal by redundancy?????????
Sorry to harp on but there's so many levels to all this and i think he's being well and truely played here.
I know in this climate we should be grateful for any job but should it be at any cost?????????????

slim_bird

UPDATE

HE WON !!!!!!!!!!!!!!!!!!!!

Thank you to all who have helped /advised and good luck to those in their quest for justice