Has my employer broken employment law?

AMART93

Hi all,

I'm hoping I've come to the right place, just seeking some much needed advice!!

Back in September I started a new job which from reading the job description was a great progression opportunity which wasn't available for me at my current employment at the time. It was to step up into a supervisory role and have responsibility for line managing a team.

On my first day I met my line manager who introduced me to the team. I found it a bit strange that I was being introduced as the new team member and not as the line manager of said team - I soon came to realise that my
role was the same as everybody else's in the office ... eek. I sat it out that day and the first thing I did in the morning was speak to my line manager. The conversation was quite surprising to me as she seemed confused as to why I was under the impression that I would be line managing staff. I explained that it was in my job description and was the main reason I applied for the job and left my previous employer.

She proceeded to load up my job description and seemed to make a few sounds like "ooo-aahhh.. oh dear" and said she will have a chat with her boss And get back to me.

Long story short - line management is part of my job description and it is something I should be doing however there is no team for me to manage as everyone else is on the same level/pay scale as me.

My question is: is this breaking employment law? I feel like I have been employed under false pretences as throughout the recruitment process I was lead to
Believe I would be line managing a team.
I did question this with HR and my line manager (with a union rep for support) and was basically told that the job description is generic and I should have questioned it at my interview....!!!!

Any advice would be great as I have been forced to look for employment elsewhere due to the lack of progression which was advertised in the Vacancy... I am so upset as I left my previous employment purely for the progression, I wasn't unhappy there which I think is why I feel so upset at what has happened.

Sorry if there are any major typo's ... I've had to type this up on my iPhone!

YouAsked

AMART93 wrote: »

Hi all,

I'm hoping I've come to the right place, just seeking some much needed advice!!

Back in September I started a new job which from reading the job description was a great progression opportunity which wasn't available for me at my current employment at the time. It was to step up into a supervisory role and have responsibility for line managing a team.

On my first day I met my line manager who introduced me to the team. I found it a bit strange that I was being introduced as the new team member and not as the line manager of said team - I soon came to realise that my
role was the same as everybody else's in the office ... eek. I sat it out that day and the first thing I did in the morning was speak to my line manager. The conversation was quite surprising to me as she seemed confused as to why I was under the impression that I would be line managing staff. I explained that it was in my job description and was the main reason I applied for the job and left my previous employer.

She proceeded to load up my job description and seemed to make a few sounds like "ooo-aahhh.. oh dear" and said she will have a chat with her boss And get back to me.

Long story short - line management is part of my job description and it is something I should be doing however there is no team for me to manage as everyone else is on the same level/pay scale as me.

My question is: is this breaking employment law? I feel like I have been employed under false pretences as throughout the recruitment process I was lead to
Believe I would be line managing a team.
I did question this with HR and my line manager (with a union rep for support) and was basically told that the job description is generic and I should have questioned it at my interview....!!!!

Any advice would be great as I have been forced to look for employment elsewhere due to the lack of progression which was advertised in the Vacancy... I am so upset as I left my previous employment purely for the progression, I wasn't unhappy there which I think is why I feel so upset at what has happened.

Sorry if there are any major typo's ... I've had to type this up on my iPhone!

No, they haven't broken employment law, and even if they had you need to have been employed by them for more than 2 years before you can bring such a claim (in a court anyway). But essentially an employer can allocate roles as they see fit, depending on business needs and the staff available.

You might wonder if you have a civil claim for breach of contract, but IF you did, the employer couldn't be forced to create a job for you and payment would be based on financial losses and I'm assuming you're being paid what they said they'd pay you even if the job isn't what you expected?

Some years ago I had a job which included a chunk in the job description about supervisory repsonibiliites - I think in 2 years I covered maybe 10 days for my manager. But as it was an internal promotion, I already knew the supervisory bit was in there as a "belt and braces" thing as people holding that role previously had refused to do certain things as it wasn't in their job description!

If you're desperately unhappy, have you considered seeing whether you can return to your previous job. I have to say, I understand your disappointment, but having already had a meeting with the HR manager, line manager and union rep in your first couple of months probably isn't the best way to start a role. Is it a large company with scope for future progression? If so, may be case of sucking it up and waiting for an opportunity?

FBaby

What is in your job description is not forcibly what you do every day. It could be that in 6 months time, you may be supervising staff as required by the job.

Managing staff is also part of my role but at the moment, due to circumstances with the team, I am not. I am not sure when I will again. I agree that it was the main reason to go for the job, why wouldn't you have clarified this at interview?

Mersey_2

You've essentially been sold a false prospectus.


This is usually only the case when applying via an agency (and so the employers blame them); but, does also happen at interview.


Loss of opportunity is the head of claim. But unless you've suffered a monetary loss (ie by leaving a job for this one), there's little worth pursuing. Just double check all benefits which were detailed in the Job Spec at application stage do indeed apply to your actual role.

ScorpiondeRooftrouser

This happened to me. I announced my intention to resign on the second day with contractual notice of 1 month, and they agreed (after some protest) to pay me for the month (which was also the contractual notice period on their part) but that there was no need for me to go in. I would think that's the best you can hope for, but seeing that this was back in September that avenue is probably closed.

In my case I contacted a company about a job offer I had turned down in order to take up that one, which turned out to be still open and started there the following day so got paid twice for that month. Which was nice.

agrinnall

AMART93 wrote: »

Long story short - line management is part of my job description and it is something I should be doing however there is no team for me to manage as everyone else is on the same level/pay scale as me.

Salary of team members and line management responsibilities are not necessarily related, I have managed a team where pretty much everybody in the team was on the same grade as me and earned as much or more than me.

The question then is who is managing the team if it's not you? Somebody has to do it, so if it's in your job description why isn't it you?

ScorpiondeRooftrouser

agrinnall wrote: »

The question then is who is managing the team if it's not you? Somebody has to do it, so if it's in your job description why isn't it you?

I presume it's the line manager they refer to.

agrinnall

ScorpiondeRooftrouser wrote: »

I presume it's the line manager they refer to.

Well, we don't know yet. That person is referred to as the OP's line manager, but it's not clear whether they are also the line manager to everyone else in the team. It's possible that they line manage people who are in the OP's theoretical position in a number of teams, but not the other members of those teams.

ScorpiondeRooftrouser

agrinnall wrote: »

Well, we don't know yet. That person is referred to as the OP's line manager, but it's not clear whether they are also the line manager to everyone else in the team. It's possible that they line manage people who are in the OP's theoretical position in a number of teams, but not the other members of those teams.

As they say "I soon came to realise that my
role was the same as everybody else's in the office" then I don't think the OP has a theoretical position that is any different from anyone else in the team.

agrinnall

ScorpiondeRooftrouser wrote: »

As they say "I soon came to realise that my
role was the same as everybody else's in the office" then I don't think the OP has a theoretical position that is any different from anyone else in the team.

Well, I'd say that he has because it's in his job description, but that's the theory, I imagine in practice it will be as you say.