Can my employer force me into another job role?

p2fyre

I'm currently working on a full time permanent contract for a large company.

My department is being split into two.. keeping the existing one and creating a new one in the process.

I'm very happy where I am at the moment, but I've been told that I may be forced into this new department. I said that I want to stay but the response was that I'll be forced to move across.

My current position is still there.. so can they actually force me in to this new department? Where do I stand legally?

They said if need be, they'll create x amount of positions in the new department and reduce my current department by the same amount. Meaning that if we don't take the new job we'll be jobless.

jayII

As I understand it: If the new job is basically the same role, pay and responsibilities, benefits (holidays etc) and and the only difference is that it is in another department, then they are within their rights to move you. If it is not exactly the same job (apart from being a different department) then things are more complex.

If you belong to a union then ask your representative about your rights.

p2fyre

The company that I work for doesn't recognise unions. The other department is a slightly different job role.. probably enough of a change to force a change of contract.

One major difference is the new team isn't shift based so I would lose a good chunk of money which I currently receive as shift allowance

ohreally

p2fyre wrote: »

The company that I work for doesn't recognise unions

That is not a barrier to you joining. If enough of your colleagues also join, the employer may have no option but to then recognise the tu.

getmore4less

fighting change just marks your card.

Show why you are the best person to stay in the cuurent department and others are best for the new jobs.

How long have you worked there.

sounds like they are happy to go down the redundancy route and offer suitable alternatives in the new dept.

they may take a harder line and try for forced resignations

princessdon

Make sure EVERYTHING is in writing. Ask them questions

Why do I have to move, why do I have to move, what is your criteria for the selection pool, what are the business reasons for the split.

Protect yourself and have as much in writing/email as you can. As soon as you get an email forward to your private email address (they can lock your account).

They are doing this to pay less money (and sadly I think that is legal) but having evidence "in case" or as "leverage" is a good thing.

Also join a union - they WILL take you even now (I only joined when at risk but they are still helping), you can cancel the subcription at anytime in the future, but that £10 (guess) or whatever a month for 2 months can be invaluable.

Poppy9

You need to look at your contract.

I work public sector and my contract states I can be moved to any other job commensurate with my grade.

I have in the past been forced to move teams, sections and even departments. I've done all without quibble and this experience has stood me in good stead when it comes to apply for higher grade jobs. In moving I've shown myself to be flexible and adaptable to change.

If you are going to lose out financially then instead of saying "I won't move because I don't like new job, will lose pay etc" say "I am happy to move but want clarification around hours/shifts, pay etc." You could bring in if working fixed hours causes you travel issues (if you car share) or childcare issues etc. But always seem positive about change and being asked to move to a new role, widening your experience etc.

p2fyre

I've been there for 2 and a half years now.

I don't think they want to cause resignations as both departments have too much work on. They've said they need 5 of us to move across and fill the new positions otherwise it will go down the consultation process.

They tried to recruit but couldn't find people experienced enough so that's why they're resorting to this. I think they'll make us all re-apply for our own jobs and then offer the new roles to the unsuccessful people. It's the only way I can see them doing it.

We were informed that it has to be settled tomorrow. So I'm concerned that i'll be put in a position where I'm told "sign this or there's the door"

getmore4less

If they cannot recruit that gives a slight advantage.
Was the skillset issue down to salaries on offer.

If the current department is allready at capacity that is also an edge.

Point out that if they move 5 people that those left will end up with more work.
You need everyone to be on side to negotiate.

If they don't want to lose people they should be encouraged to sweeten the deal.

If the contracts allow for this you are in a weaker position.

if the only real change is a shift allowance then that is unlikely to hold up if you took it further

Thye could have done this by stealth if they had though ahead.
Do all the changes in the current department, change some of the current jobs to standard hours and change some of the tasks, create new supervisor posiitions and split once it is up and running.

If they are talking about reduced numbers in cuurent department you could try to get them to make this a proper potential redundancy situation.

How many of the 5 would be prepared to go that far?
For the plan to work they need to keep people.

if some leave will they have to move more.

could turn into a bluffing game if people will move if pushed.


probably better to try to negotiate better terms that keeps a dialog going, to point blank refuse gives no wiggle room.

go to consultation to try to improve terms forthe people that move and lose the shif allowance.

2.5 years it costs them £860 to make you redundant.