Are my company acting illegally?

cool4door64

Hi my company are being very underhanded. I started at the company in 2007 in a different role and moved to my current role in 2008. Since 2008 I have complained to managers that my duties had changed, and that I was not being paid correctly to reflect them, I was told to wait for the restructure, that still hasn't happened!

I recently filled out and submitted a rebanding form for assessment to ensure my pay would reflect my work. Some bits were missing and they approached the unit manager for a signature, she said she had no knowledge of the rebanding and it was withdrawn. I was invited to a 'informal discussion' whereby I was told I don't need union representation as it was an informal chat. Reasonable I thought!

I came to the meeting to be handed a brand new job description which didn't take anything on the rebanding form into consideration I was not consulted, and didn't reflect any of my duties. I told them I don't accept this and I wasn't asked to sign anything. I was told that this is what they have done and that is how it is and I have to accept it.

So I walked into a informal meeting to be handed a brand new job description I knew nothing of. Plus the job description is so vague that I could run the sites entire IT department and still be paid as a Trainee!

The job description I have been given is for a job that is part of the restructure that has not happened yet and has not been given the go ahead!

Next step is submitting a grievance but I want to know if my company have done anything illegal as I feel like I want to take this as far as I can as I have been treated so unfairly :mad::(

Anyone have any advice on this?

~Beanie~

They've done nothing illegal as far as I can see.

Why have you been waiting since 2008, why haven't you been looking for other jobs elsewhere seeing as you are not going to get what you want at the Company you work for now?

Undervalued

Providing you are being paid at least the national minimum wage then nothing illegal at all. Purely a matter of negotiation.

Plus, your legal right to be accompanied by a colleague or accredited union rep is only for a formal grievance or disciplinary meeting. For anything else it is totally at the employers discretion.

TrickyDicky101

If you don't like it then perhaps you should find another job - that will concentrate the minds of your current employer if nothing else, and then maybe you will find out what they think you're really worth.

cool4door64

Ok I guess it just the way companies treat staff now a days and everyone thinks thats acceptable! So the fact I have a new JD that isn't official is ok? Is a new JD not a change to the contract surely thats formal?

I never looked for another job as I love working here and have great rapport throughout the company. I have an interview tomorrow so fingers crossed I won't have to moan about it any longer.

Undervalued

cool4door64 wrote: »

Ok I guess it just the way companies treat staff now a days and everyone thinks thats acceptable! So the fact I have a new JD that isn't official is ok? Is a new JD not a change to the contract surely thats formal?

It is not a case of what I think is acceptable. You asked if it was "illegal" (although you presumably meant unlawful). I simply pointed out what the legal position was.

For future reference, illegal refers to a breach of the criminal law. Unlawful, in this context, relates to breach of contract which would be a civil matter. However, what you describe is neither!

A contract of employment is far more than a piece of paper with the word "contract" at the top. As a general point is is far easier than many people realise for an employer to vary the terms of your employment (i.e. "contract").

Ultimately, if you can't agree a change and your employer imposes it then your only option is to resign and claim unfair dismissal. It would then be up to a tribunal (for which there are fees to pay) to decide if the change is reasonable or not. It is very easy for an employer to come up with reasons why such a change was necessary and large changes are frequently found to be reasonable. However, even if not and you win your case, you would get some compensation (not generally anything like as much as many people expect) but would still be without a job.

cool4door64

Thankyou for your advice much appreciated. Sorry if I was curt I received an email from HR basically saying they aren't interested, seems pointless having investors in people and bragging about how good they are to work for when they can pretty much do what they want. But hey ho I'm looking for something else.

thanks again for the rapid responses and info :beer: