Re-structure - Updated

getmore4less

Certainly looks a bit dodgy but might be difficult to prove.

If the job exists then you could appeal.

Whats the redundacy package?

Might be worth taking the money and looking for a new job.

sunshine_1988

Hello - I am so sorry to hear of your situation, its so awful working in Local Government at the moment
Have you seen a copy of the 'revised' job description for the job which you applied for? If you meet all the essential criteria then you should have at least had an interview. If they have re-modelled your job and added new duties and new essential qualifications etc then that may be how they would get round it, the applicant who did get the job may have these skills and your HR dept could say you were not qualified etc. You shouldnt be expected to train someone new if this is the case - is training new members of staff in your previous JD? Do you have any annual leave you could take and just leave early?
As I said before - I am really sorry to hear about this - I really feel for you.x

tesuhoha

I'm hoping to obtain my redundancy pay and then afterwards take them to court for age discrimination. I've found out a few things today. I am the only person who did not get their job. No one else has got my job and they are going to advertise it internally first. The duties have changed somewhat but I would say I am already doing 75% or know how to do 75% of the duties. It is a school that employs 80 teachers and there are only 3 teachers that I can think of over the age of 55. One of them mentioned recently to a senior teacher that she was thinking of not coming back in the autumn, she said that he could pass this hint on to the head. The next thing is - her job is advertised on the school website. We know it is her job because she is the SENCO and there is only the one in the school. She was so upset when she found out that she left the class in the middle of the lesson and went and locked herself into her office for a long time. She is taking it further with the local authority and the union.

Also two older teachers made redundant this year. One of them was the best teacher in the school and the only teacher who got outstanding from Ofsted.

There is one older TA being kept on but she is a very outspoken person who would cause trouble if laid off. Apart from that there will be no older support staff in the school apart from cleaners who have been given a couple of hours but they are not in the public arena if you see what I mean so would not be thought important.

I have emailed the union rep today and am awaiting his reply. I have also requested a meeting for feedback and then will be able to appeal if I wish to.

Thanks for your input folks.

lynzpower

I dont have anything constructive to say, and Im just heading off to bed but wanted to say Im thinking of you, this sounds unfair, and I hope you get the answers you need xx

tesuhoha

Oh, thanks Lynz. Its really nice to hear from you. Sadly Mike is also losing his job in March. Its the usual Council lay-offs with him. Sleep well. Short on time as am checking things out.

getmore4less

I'm hoping to obtain my redundancy pay and then afterwards take them to court for age discrimination


You best appeal and exhaust as much of the process as you can and get it all in writing

Keeping quiet and trying an ET without doing that will not help a case.

What has changed in the job that means you can no longer do it?

It may be hard proving that the job was changed to specificly exclude you .

tesuhoha

What has changed is that the job now requires GCSEs that I do not have. I was told my job no longer existed basically and a jd was issued for a similar job with these qualifications so I was at a disadvantage at the start. However, I have not yet been given any reason why they have not given me the job. I have worked at the place for 16 years and it has not mattered before. I know and my line manager knows very well that I would pick up the few aspects of the job that are new in about 5 minutes because I seem to understand in depth stuff very easily.

I am even more angry today though because they are advertising the job I applied for next week, first internally then externally. Therefore I feel that I have been given the sack rather than been made redundant. Redundancy is when a job no longer exists but the one I am doing is still there. I didnt just apply for one job but 3 but the other 2 were given to other people which is fair enough. My number one choice was the job I failed to get and the one they are advertising. The reason I am angry is that they are advertising it and I have not even made the decision whether or not to appeal yet so it is so obvious they want rid of me. I only want to appeal to make their life difficult. If I win the appeal I think the Executive Head will make my life a misery because that is what she is like. I feel that I do not want to work at the place any longer, there is such an awful atmosphere and I hate the SLT and the governors.

sunshine_1988

Hi again,, really does sound an awful situation. Knowing how LA HR and governors work they will try thier hardest to find a way around it. Sounds like your job which you are currently doing has effectively been deleted from the structure and a completely new job created with essential criteria which they think you didnt meet.

Would be worth a shot to try and appeal - is there a timeframe which you need to do this, 10 working days or something? Also get a copy of the new JD and put in writing why it is more than 70% of your current job and that you should have effectively been 'slotted in'

I really hope that you get some joy out of all of this, its so horrible for you

tesuhoha

Thank you for your kind words. I phoned ACAS and they said go to the appointment regarding the feedback first and see what they say. Then if I still feel I have been unfairly dismissed I can go back to ACAS to make some kind of claim. Apparently the onus is on the school to prove that they are not guilty of age discrimination.

fluffy70

Hi tesuhoha,

I've just read through all of the posts, and just like everyone else I really feel for you.... I work in local government and at best the mood is gloomy and depressing as we are just beginning our consultation period for job losses.

You mentioned that you had e mailed your union rep.... have they come back to you at all??? ACAS are right, you shouo go to the meeting, but I am concerned as you need to have someone by yor side - your union should be there for you. (I'm a union steward myself and we're all becoming very busy in our union branch!)