Job not advertised

GlynD

Scrootum wrote: »

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

hawk30 wrote: »

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.)

I have a lot of employment law experience actually and my advice is sound. I never suggested for one minute that the OP threaten management with anything. I clearly stated he speak to management first and, outcome dependent, seek further advice from the Tribunals Service - or speak to a Union representative first.

Advice is the key. You're not there and neither am I so the OP should seek advice, as well as discussing his views with management if he feels he has been unfairly treated.

GlynD

Scrootum wrote: »

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

GlynD wrote: »

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"?

No answer eh?

Ok - I accept your apology. :rotfl:

GlynD

Scrootum wrote: »

Try reading post 11 where OP states he was never offered the job.

Try reading your own post where you say I stated he was offered the manager's job. Just in case you don't know where it is:

Scrootum wrote: »

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

Incidentally, my post (the one you wrongly criticised) was post #4 - in my school that came before 11. :rotfl:

GlynD

Scrootum wrote: »

Which job are you referring to then?

Sorry, I don't play wee games like that. You go and find somebody else to try and mess with. :rotfl:

lakes17

I used to work in HR for Local Government and every post has to be advertised at least internally with a strict selection process and even if you had covered the job for a long time there would be no guarantee that you would be selected, provided the selection was done fairly and we could back up our decisions. My advise would be to find out if you Company have a Policy on the Recruitment process to determine if they have breached any aspect and if they have i.e. it should have been advertised then raise a Grievance through your HR team.

cazziebo

GlynD wrote: »

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 .

GlynD - This sentence tells me you have limited exposure to employment law and the workings of the tribunal process. Constructive Dismissal is when the company makes it impossible for the job holder to carry on with their job - they are effectively "dismissed". The OP has a job which is not in jeopardy. CD claims are near impossible to win. (Only 3% according to CIPD figures a few years ago).


Sorry to hijack your thread, OP, but there are serious consequences of misinformation. How often do we see the following:

"You can't be disciplined/sacked for being sick"

"My manager doesn't like me. Must be discrimination"

"I didn't get the job/promotion. Must be discrimination"

"Go to tribunal and claim for thousands"

The OP helped out a colleague in a role. The company has decided that permanent resource is required and have addressed that. The OP is not happy with how this has been handled. This isn't even a grievance, never mind a tribunal case. A discussion with management should clarify the situation.

GlynD

cazziebo wrote: »

GlynD - This sentence tells me you have limited exposure to employment law and the workings of the tribunal process. Constructive Dismissal is when the company makes it impossible for the job holder to carry on with their job - they are effectively "dismissed". The OP has a job which is not in jeopardy. CD claims are near impossible to win. (Only 3% according to CIPD figures a few years ago).


Sorry to hijack your thread, OP, but there are serious consequences of misinformation. How often do we see the following:

"You can't be disciplined/sacked for being sick"

"My manager doesn't like me. Must be discrimination"

"I didn't get the job/promotion. Must be discrimination"

"Go to tribunal and claim for thousands"

The OP helped out a colleague in a role. The company has decided that permanent resource is required and have addressed that. The OP is not happy with how this has been handled. This isn't even a grievance, never mind a tribunal case. A discussion with management should clarify the situation.

You're making a mountain out of a molehill. You're also criticising my credentials. May I suggest you cease this now? None of what you're saying makes any difference.

LittleVoice

GlynD wrote: »

You're making a mountain out of a molehill. You're also criticising my credentials. May I suggest you cease this now? None of what you're saying makes any difference.

I'm afraid your "credentials" are doubtful because, for one instance, you were unaware that claimants need to pay in order to lodge a case with an ET. This shows you need to get up-to-date with how things work before offering advice which is a result of Googling.

Takeaway_Addict

lakes17 wrote: »

I used to work in HR for Local Government and every post has to be advertised at least internally with a strict selection process and even if you had covered the job for a long time there would be no guarantee that you would be selected, provided the selection was done fairly and we could back up our decisions. My advise would be to find out if you Company have a Policy on the Recruitment process to determine if they have breached any aspect and if they have i.e. it should have been advertised then raise a Grievance through your HR team.

Very unlikely and even if there was there would be little that could be done bar getting an apology.

Glynns advice maybe technically right (though I question this) but either way practicailities dictate the OP is unlikely to do anything as the overall outcome is very unlikely to change.

Plus I see he's been PPR'd.....wonder why?

RancidM

Lucas..

All is not lost, everyone has seen that new member of staff come and go within their probation period and the nature of IT staff is that they will often seek better work in a shoer period of time.

you mention the ideas is to train up this new lad which in itself might not work out correctly.

as already recommended ask to speak with the hiring manager, explain that you were a little diapointed not to have the chance to apply for the role.

the important thing here is to work with the hiring manager to identify which skills they thought you were lacking and then together come up with a plan to gain them skills either at work or in your own time.
the goal being when it comes to filling this position again the hiring manager will have little choice but to look to you first.

plus taking this action shows you are the sort of person to be valued as opposed to some one who just gripes.