constructive dismissal?

brokebutmending

My department is going through a restructure and I was aware that my job might change as a consequence. However I was shocked to see 'my' job, at least 60% of it anyway, advertised at 2 grades higher in the jobs bulletin and national website.

There has been no consultation with me over this and I had not seen the job description for the advertised post until it was physically advertised. I have not been told what work I will be undertaking when the new higher graded staff member is appointed and am left to assume that I am expected to continue carrying out the duties for which I have been doing for the last 4 years.

There has never been a complaint about my work - when I approached my HOD about this he responded by email that my work had always been exemplary and in fact I have been put forward for a merit award bonus this year. The last 2 years I have submitted a request for regrading to one grade higher which has been fully supported by my HOD. The issue seems to be with a 2nd line manager I am required to report to who stopped the previous regrading application going through on the grounds that an administrative review was taking place and that all jobs would be examined.

My view is that this has all the ingredients for a constructive dismissal as a) there was no consultation as to why my job has been changed, b) what I am now expected to do, c) my authority has been seriously diluted to the level where I have effectively been demoted.... Am I correct in my thinking and what should I do next. My HOD has indicated that decisions were not his - I have requested a meeting with my 'other' line manager - with my Union rep present.... Would really appreciate any advice on this as it's making me physically ill with the stress!

KiKi

I wouldn't say this is constructive dismissal, no. It's annoying, but a company is entitled to restructure work as it sees fit. They don't have to consult with you to establish a new job higher up the hierarchy. This is especially true if the other 40% of the role is a very different skills set - eg, management, technical. It may simply be that the JD has been written badly and that it can be explained to you.

My boss' JD has my role on it - because although I deliver the programme, she has overall responsibility. So her JD will say "delivery of xx programme" she does it through me, and is ultimately accountable. Doesn't mean she's doing my job.

Until you have a meeting to understand why this has happened, I would make every effort to work with them and seek understanding rather than jump on any unfair dismissal bandwagon. As fewer then 3% of constructive dismissal cases are won, I think you'd be hard pressed to fight it.

Stop stressing - you have a job, and you have a meeting to discuss this other role. But you're thinking far too far head at the moment, with resignation and ETs!

KiKi

brokebutmending

Thanks for this. I should add that the job description for the newer higher level post has exactly the same responsibilities that were agreed via my regrading request, ie that I was carrying out these tasks for a substantial period of time and these are now listed exactly as have now been advertised. The 40% of my job remaining is not significantly different from the higher graded job description and will presumably still require my input.

I can not stop stressing - I have been publicly humiliated over this and the inference to all is that I am deemed incompetent - despite the glowing reference from my HOD who I work with daily....

KiKi

brokebutmending wrote: »

I can not stop stressing - I have been publicly humiliated over this and the inference to all is that I am deemed incompetent - despite the glowing reference from my HOD who I work with daily....

I'm sure it feels like that but if it's true that they're doing you over then I'm sure your colleagues can see that, too.

For a case for constructive dismissal the company needs to have fundamentally breached your contract or made it absolutely impossible for you to work there, completely undermining any trust and confidence. From what you've said I can't see that's the case, especially as the latter relies on non-tangible evidence.

ETA - but it's good that you have a union, and hopefully they can really support you and help fight your cause.

KiKi

JodyBPM

Can you not apply for the upgraded role? It sounds like you would have the appropriate experience as you've already been doing the job.

Could work out as being a very good thing for you - a 2 grade promotion!

caeler

Maybe they need somebody else doing the role you are doing? Maybe the role has varying levels of responsibility which is why they want somebody at your grade and additional person at another grade. Eitherway, do as others have suggested speak to your manager and ask what it all means and if you will be affected.

firesidemaid

JodyBPM wrote: »

Can you not apply for the upgraded role? It sounds like you would have the appropriate experience as you've already been doing the job.

Could work out as being a very good thing for you - a 2 grade promotion!

that's what i was thinking.

getmore4less

Untill there is any suggestion your job has any changes you don't have anything you create any case on not even a grievence.

Sambucus_Nigra

This is where people differ; you see this as so stressful that it's making you ill; I see it as an opportunity to apply for the new role and if you big yourself up a bit, landing it and getting paid more for what you already do.

Emmzi

Your job hasn't changed, how can it be CD?

Why would you stress about this instead of just asking? THAT isn't very efficient!

London18

The comments on claiming CD so far echo my own views - don't go there.

Some thoughts:
My department is going through a restructure - in that case has consultation commenced on that yet? If so have you seen new departmental structure charts? Does it include this new post? When will new JD's be issued? What selection processes are proposed? These are perfectly reaonsable questions to ask during consultation.

I have not been told what work I will be undertaking
Have you asked? Seems obvious that you would in the circumstances. Being proactive is always being than waiting for others to do something.

The last 2 years I have submitted a request for regrading to one grade higher - Is thisthe real reason you are so upset and angry? Have you been nursing this grievance for 2 years and now it is all coming out? The reason given for the delay seems reasonable on the face of it - I myself would not agree to changing job grades if a restructure was imminent. Even if the way they've handled the creation of the new job is wrong, I'd suggest you will have to let go of the past if you are going to effectively handle the current situation.

My authority has been seriously diluted to the level where I have effectively been demoted
Well it hasn't yet has it? Presumably you are still doing the same job at the moment, if someone has not yet been appointed to the new job. You still have time to sort things out before that happens.

I have been publicly humiliated over this and the inference to all is that I am deemed incompetent. I completely understand you have had a strong emotional reaction to this situation but you really need to keep feelings under control and move forward as calmly and rationally as possible. If they ARE in the wrong then you need to leave them room to acknowledge that and change things. Don't back them into a defensive corner. If they can show they are not wrong and the proposed new role does not impact on you negatively, then you need to be able to hear their arguments rationally and consider what to do next, such as apply fo hte new role or how to work within the new structure.

As you say, your feelings are making you ill and stressed and now will they help you make your case, so are not helping you personally, and have very little or now impact on your employers. It may sometimes feel that being able to say 'look how much you have hurt me' to an employer somehow produces changes to the proposals and/or makes them feel guilty but in my experience it seldom does, no matter how genuinely sympathetic they might be to your feelings. On the other hand rational, objective arguments, presented as neutrally as possible, can be very successful.

Once you have some more info about the new structure, processes and jobs post again and I'm sure everyone here will be happy to help. Good luck.