Legal case or must take the job?

KayJay

This is a situation that a friend of mine at work is currently in. I would be grateful for any advice that I can pass on to her.

The company is restructuring in that it is working in collaboration with another company. It's not a takeover or merger but there are some jobs that where there is a person doing the same job in each company, they are creating a new one and both will be considered for that position.

So, my friend is head of IT in AAA company. There was no head of IT in the other company, BBB. A new job was created which was 'Head of IT in AAA and BBB'. Her job description was used as the basis for the new one. The job was given a slightly higher payscale because it was work over two companies now. She was in a selection pool of one. She was interviewed and didn't get the job.

The job has now been advertised in both companies and had gone to the paper and agencies etc. The shortlisting is about to be done.

My friend has concerns that she should just have been given the job, because it is essentially the one she is doing, just with some more staff. The interview was terrible. She has over 25 years service with AAA.

However, they will not let her leave until a new person is recruited. She will not do the 'new' job in the meantime because they have decided she isn't good enough to do it - but she is still asked opinions and people try to discuss the future work in that department with her.

This all happened three months ago. Nothing has happened since as they haven't recruited yet. There are now rumours that they are re-considering. But my friend doesn't want the job now. They have treated her badly, she cannot sleep, she is depressed. After all these years they have not taken her skills into account, it was all down to an interview, and there was no competition.

Can they force her to take this job if they offer it because it would be a suitable alternative role? Or can she refuse it because now she says her working relationship is untenable?

We would both be grateful for any advice.

consumers_revenge

Hi,

I cant give any legal advice here but I know what I would do.

They would be in quite a good position now to ask for more money as although they havent recruited anyone I would bet they have looked at many a cv or agency phone call and might realise they already have someone, possibly cheaper and without the need for training, in place. Big bonus for them.

I would take the job and run with it for 6-12 months then start looking for another when those above think everything worked out well for them. Why leave? Well now their CV shows them running 2 IT departments with double the staff. CV now alot more marketable now and salary range alot bigger I would hope. Get some training thrown it too and they are laughing.

Good luck to them.

CR

skintandscared_2

KayJay wrote: »

However, they will not let her leave until a new person is recruited.

It is up to your friend whether she thinks she could now work with people who have shown so little faith in her, but she is free to leave (after working notice) whenever she likes! Slavery was abolished a few years ago now - no company can force you to stay!

DCodd

There isn't enough information in the OP to be fair but depending on how this has panned out, was delt with initially and what work the OP's friend is actually doing there is the possibility of a constructive dismissal case if the friend has been offered the job but does not want to take it.

If they don't get offered the job then at least they are looking at quite a substantial redundancy payment.

skintandscared_2

For redundancy, years' service are capped at 20 and £450 per week, but yes, it would still be a good payout.

getmore4less

People in these positions need to be tough and confident of their ability to influence the direction things take.

If the OPs friend though they were good enough(rather than just walk into the job) then hey should have just started doing it as the opportunities arose from the BBB people asking for direction they should have just taken control of the projects. Started to look for savings, duplications, even setting the foundations for integration of the IT.

I would be sure I knew why they have not been able to recruit and use that to my advantage going forward.

Stepping down is likely to be career limiting move

Who do they report too?

Who is responsible for the strategic direction of IT

pauletruth

they are not merging so the post in aaa is the same without cause is that not unfair dismissal.

getmore4less

pauletruth wrote: »

they are not merging so the post in aaa is the same without cause is that not unfair dismissal.

The current post in aaa will be redunant when the new(covering both companies) post is filled.