Forced to Move to job role - Can i claim for Grievance

zayn

Hello Everyone

I have been working for the same company for 5 years as a Systems Admin.In the last 6 Months the company i work for was acquired by a Larger firm. As i work on Call hours and get a good overtime i decided to stay on my old contract. With my level of experience i was automatically moved into a Windows Support team without being given any options, i did not pursue this as i was still on my old contract and worked my existing hours. Last Friday i had a meeting with the Team leader who runs 1st line support and he tells me i am joining his team?, I was shocked as my existing manager did not tell me about this at all. Personally this is a different job to my existing contract and i feel it is beneath my level of experience being a senior admin it also means working longer hours in a shift pattern. My grievances are

1) No pay rise in 3 years
2) Can you be moved to a different team/job role with out reason
3) Working Longer Hours without any compensation for loss of earnings you had previously?
3) Do a job which is below your level of experience and skills

IT in general does not have a union, and i am disgusted to be treated as a cast-off being passed over various departments.

Please can anyone help, i am really frustrated at my treatment, do i have a case here for grievance and discrimination ?

Horace

I cannot see a case for discrimination, however, you should perhaps seek advice from ACAS (https://www.acas.org.uk) - they have advice on their website.

Have a look at your contract - is there a catch all clause in it such as "any other job as and when required" if there is then they can transfer you within depts etc.

I don't think that there is a legal requirement for your company to give you an annual pay rise either so I don't think you can get them for that. You say that the new role is beneath you, not wanting to sound crass but in this day and age be thankful that you still have a job. I think you need to sit down with the new Team Leader to find out exactly how this will affect you and how it affects your contract. If you don't like working there then start looking for something else because it is easier to get a job when you are in one than when you are out of work.

olly300

OP you can join Unite and it's worth being in a union if you work for an employer who pulls stunts like changing your role without notice.

You may not have any union reps in your company but to be honest you are better off when you have difficulty getting a full-time rep involved as they will have a lot of experience in dealing with different companies and all the tricks they pull.

And I would stay in the union whether you change jobs or not as many IT employers pull stunts like this and worse.

However as Horace stated you have no claims for discrimination as you have presented any evidence of this, and your employer does not have to give you a pay rise every year.

Whether they have a right to change your job and duties without notice depends on your employment contract. And I suggest you:
1. Read it properly and the employee handbook that goes with it
2. Talk to your new manager and colleagues to find out if the company commonly does things like this before putting in a grievance.

And be warned if you put in a greivance you are likely to find yourself pushed out of the company.

Horace

Also a note to remember that when you join a union that you have to have paid 3 months' worth of subs before they will represent you, they are also unlikely to represent you if you go to them with an 'old' problem. These are Unison rules and I think that Unite run pretty much the same way.

WhatFrickingUsernameIsnt

I'd agree with Horace, be glad you have at job at all! I don't see any reason why they would not be allowed to change your role in the company, if they no longer require you in your original capacity then the only other option is to let you go, and I don't think that would be useful to eather of you.

If you really consider this a problem then start applying for jobs elsewhere and if you find a better option, explain that you where not happy about the "demotion" and you intend to leave to the new job.

As to unions, why bother with the middle man? Just send your cash direct https://secure2.labour.org.uk/donate/ :rotfl:

generaloneill

WhatFrickingUsernameIsnt wrote: »

I'd agree with Horace, be glad you have at job at all! I don't see any reason why they would not be allowed to change your role in the company, if they no longer require you in your original capacity then the only other option is to let you go, and I don't think that would be useful to eather of you.

If you really consider this a problem then start applying for jobs elsewhere and if you find a better option, explain that you where not happy about the "demotion" and you intend to leave to the new job.

As to unions, why bother with the middle man? Just send your cash direct https://secure2.labour.org.uk/donate/ :rotfl:

dont talk unless you have something constructive to say. omfgftw.

Dont sign anything, if they change your job description, without changing your contract, put it in writing that you are working under protest.

You still have rights, worst case scenario, you will be entitled to full redundancy pay.

zayn

Thanks for the information. I have checked my contract and my job title is clearly stated. As for my working hours these are also stated. I have asked for a meeting today with my existing manager. How do i proceed. I thought of following to ask in a calm manner

1) Why has my job been changed without any prior discussions with me involved ?
2) With my level of experience and ability i am being forced into a role which i had done when five years ago when i started in the Industry
3) Loss of earnings: Overtime and Oncall which i had been getting for the last 5 years are not included in this new role? Where is my compensation ?

Any suggestions ?

mymatebob

zayn wrote: »

Thanks for the information. I have checked my contract and my job title is clearly stated. As for my working hours these are also stated. I have asked for a meeting today with my existing manager. How do i proceed. I thought of following to ask in a calm manner

1) Why has my job been changed without any prior discussions with me involved ?
2) With my level of experience and ability i am being forced into a role which i had done when five years ago when i started in the Industry
3) Loss of earnings: Overtime and Oncall which i had been getting for the last 5 years are not included in this new role? Where is my compensation ?

Any suggestions ?

1 - what has happened to your old role/ Does someone else now do that?
2- This is pretty immaterial I am afraid, just because you have lots of experience doesn't mean you cannot do a job which requires less.
3- Has your basic salary changed? If not then the overtime and on-call payments are never guaranteed and so can be changed as required by the firm, so no compensation required to be paid.

Ask if your contract and or job title have changed and see what they say to that

Horace

zayn wrote: »

Thanks for the information. I have checked my contract and my job title is clearly stated. As for my working hours these are also stated. I have asked for a meeting today with my existing manager. How do i proceed. I thought of following to ask in a calm manner

1) Why has my job been changed without any prior discussions with me involved ?
2) With my level of experience and ability i am being forced into a role which i had done when five years ago when i started in the Industry
3) Loss of earnings: Overtime and Oncall which i had been getting for the last 5 years are not included in this new role? Where is my compensation ?

Any suggestions ?

That looks fine but don't ask them for compensation immediately, wait and see what they say? Another thing to do is when you have come out of the meeting and have listened to what was said, send your manager an email to confirm everything i.e. can you confirm.... then print out a copy and keep it in a safe place (not at work).

Zazen999

zayn wrote: »

Thanks for the information. I have checked my contract and my job title is clearly stated. As for my working hours these are also stated. I have asked for a meeting today with my existing manager. How do i proceed. I thought of following to ask in a calm manner

1) Why has my job been changed without any prior discussions with me involved ?
2) With my level of experience and ability i am being forced into a role which i had done when five years ago when i started in the Industry
3) Loss of earnings: Overtime and Oncall which i had been getting for the last 5 years are not included in this new role? Where is my compensation ?

Any suggestions ?

What is your response going to be if he says it is the needs of the business that has forced him to make these changes and they can't afford the overtime and oncall anymore?

zayn

1) my current role is still valid, it is is the job i am doing now and no changes have been made recently
2) Without any realistic career progression i cannot see how i can progress in the role they are pushing me into. Most guys in that team are really young, i have been in the IT for over 10 years and feels a step backward to me personally. Its like going back to work in a 1st level role.
3) Basic salary has not changed over last 3 years. My overtime and on call has been consistent over the last 5 years.

mymatebob wrote: »

1 - what has happened to your old role/ Does someone else now do that?
2- This is pretty immaterial I am afraid, just because you have lots of experience doesn't mean you cannot do a job which requires less.
3- Has your basic salary changed? If not then the overtime and on-call payments are never guaranteed and so can be changed as required by the firm, so no compensation required to be paid.

Ask if your contract and or job title have changed and see what they say to that