Job not advertised

lucas1787

Hi everyone,I have worked for the company Iam with for 13yrs and during this time I have helped cover the IT which I was asked if I would do(alongside my actual job).This I have done in the hope one day I would be able to follow up and do full time when the IT Manager retired.He is now 67 and cut his hours down to a 4day week and I agreed to cover for his day was off along with any holidays.Last week I was told that they have taken someone on someone else to work alongside the IT manager to help and I wont be needed to help anymore.I have now lost the extra money I was paid and also this job was not advertised internally or externally.Can the company do this as I feel like I have not been given a chance.Many Thanks

Helpfulone

If you work for a government company say like the council or NHS then I think they do HAVE to advertise the job. If it's a private company I think they can recruit how they want really.

Do you think that maybe they need someone with more expereince than yourself for the manager role. They might still need you to cover for holidays?

lucas1787

I dont work for a goverment company or NHS,but a family run business with over 500 people across 9 depots throught the Sth East.I am currently a manager of a deptartment and the reason I got asked to help with the IT was because of my knowledge.The person they have taken has no real IT experience amd Iam more than capable of doing the job and I think the idea is to get this lad trained up for when the IT manager does decide to retire.So the main role will be to help with the IT as the company has grown and also to eventually take over the managers role.I am really annoyed of the fact that this role has not been advertised internally and also feel they didnt not want to lose me in my current role so did not advertise it because they knew I would apply.

GlynD

I think you have a case for breach of contract if you were led to believe the job was yours. It was, in your opinion, a verbal agreement. I've done a little bit of Googling on your behalf and what I've found supports that.

What you should do, according to what I have read, is to discuss the matter with your bosses first and see what they decide to do when you air your concerns. If you are still unhappy you can ask for an Employment Tribunal. Details on how to do that are here http://www.justice.gov.uk/tribunals/employment

You also have the right to take legal action but I would suggest that is a last resort as the Employment Tribunals Service exists to resolve these issues at no cost to either party.

Of course you should bear in mind that raising a tribunal could cause tensions at work but do remember that anyone who causes you upset could also face tribunal. Make sure they know that.

I hope this information helps because, by the way you've described your circumstances, it sounds as if you've been unfairly treated.

lucas1787

Thank you for your comments and advice, it always seems a grey area when it comes to things like this and taking the right action is always a bit dodgy as it does cause tension in the work place.My views were to look for further employment as I feel I have been unfairly treated and large companys like the one I work for will always have the upper hand.I am really unsure what I want to do at the moment and will think on this,as I think if I did think i take this further and they did turn round and say,"Well ok we made a mistake,you can have the role",I dont think I would want to.Its very unfair how companys treat there employees and feel its got worse.
I appreciate your comments,thank you.

GlynD

Scrootum wrote: »

Where did OP say he was led to believe the managers job was his?

Where did I infer that he had said he believed the manager's job was his?

The OP said: This I have done in the hope one day I would be able to follow up and do full time when the IT Manager retired.

Implying that he was promised the full time position.
My reply, as you rightly note was: if you were led to believe the job was yours.

So tell me - where did I say "manager"?

hawk30

GlynD wrote: »

You also have the right to take legal action but I would suggest that is a last resort as the Employment Tribunals Service exists to resolve these issues at no cost to either party.

Erm, not anymore they don't. You now have to pay to bring a claim in the employment tribunal. And in any event, on the information provided he does not have a claim.

cazziebo

There is no breach of contract unless there was an explicit offer of a role - and even then I don't think any grievance would get very far.

Outside of public sector, where unions have fought to have recruitment and promotion practices to be transparent, there is no requirement to advertise a position. Private companies can and do appoint who they like.

Best thing for you to do , OP, is ask for a meeting with the manager and say you were disappointed not to be given the opportunity to be considered for the role. if additional skills are required, you would have been happy to work to acquire them. It's possible they didn't even know you were interested, and will also alert them that the action hasn't gone unnoticed. It's quite possible the new person doesn't work out and the company decides an internal appointment would be better.

GlynD

lucas1787 wrote: »

Thank you for your comments and advice, it always seems a grey area when it comes to things like this and taking the right action is always a bit dodgy as it does cause tension in the work place.My views were to look for further employment as I feel I have been unfairly treated and large companys like the one I work for will always have the upper hand.I am really unsure what I want to do at the moment and will think on this,as I think if I did think i take this further and they did turn round and say,"Well ok we made a mistake,you can have the role",I dont think I would want to.Its very unfair how companys treat there employees and feel its got worse.
I appreciate your comments,thank you.

If you leave your job because of this possible breach of contract it could be construed as "constructive dismissal" which could potentially generate an Employment Tribunal if you were to seek one. Rather than get depressed about it, which it sounds as if you are, I would try to be a little more positive and speak to your line manager. Not a supervisor now, a manager, if possible seek a meeting with the HR manager or director.

EDIT: Noting the comments of others I see I may have been mistaken in my belief that Employment Tribunals were provided free. My advice still stands however; if you believe you had a verbal agreement with management, raise it with them first and if you're dissatisifed with the outcome then discuss the matter with the people at the Employment Tribunal Services.

Unless of course you're a Union Member, in which case your shop steward or convenor could advise you on the spot.

lucas1787

Thanks everyone for your replys, I didnt want it to get messy with peoples replys(which it can sometimes get).Your comments are very usefull and everyone has a different answer according to the information I have given which I may have missed somethink out.
I was never promised the job when and if it came up,but more than assumed as I had done the support role for many years and new everyone and the systems, if would be a no brainer.How wrong I was!

hawk30

OP, it's a real shame that this has happened.

(Please don't listen to GlynD. I don't believe he has employment law experience. You certainly don't have a legal claim, so please don't threaten your employers with a tribunal or resign and claim constructive dismissal.)