Colleague Promotion

JLS3405

I am (was) a head gardener and have just come back from a few days leave to find a new gardener has been promoted to my position in my absence with no consultation. He is now head and am part of the staff. I had a conversation in March with a Director about looking to go part time after a hand op, informal discussion but this seems to be why this guy has now got my job. I do not want to go part time. Is this legal? They also want to put me on a Zero Hours contract and he stays on a normal 37.5 hour week contract.


Help needed as no where to turn!

Guest101

How long have you worked there?
What is your current contract?

JLS3405

4 years - Contract actually ran out 31/03 but I understand it just became a rolling one - on a 37.50 hour week

Guest101

JLS3405 wrote: »

4 years - Contract actually ran out 31/03 but I understand it just became a rolling one - on a 37.50 hour week

So you were on fixed term contract for 4 years?


My understanding - which someone may come along and correct me is thus:


1: you have the same rights as anyone on a permanent contract
2: if you continue to work under your NEW conditions, it can be deemed that you accepted the changes
3: You are entitled to the rates of pay in your contract, including a fixed number of hours
4: you cannot simply be 'demoted', however your employers could ofcourse assign someone to manage your work.

jobbingmusician

Not an expert, but that sounds broadly right to me. Also

5: they can't say that they are making your post redundant - the job still exists, with someone else in it!

It's early days for replies on this forum, but I would say that an employment solicitor is a good idea, even if you have to pay for an hour's consultation! (Do wait and see what others say first, though)

agrinnall

Has this change resulted in a reduction in your rate of pay?

sangie595

JLS3405 wrote: »

I am (was) a head gardener and have just come back from a few days leave to find a new gardener has been promoted to my position in my absence with no consultation. He is now head and am part of the staff. I had a conversation in March with a Director about looking to go part time after a hand op, informal discussion but this seems to be why this guy has now got my job. I do not want to go part time. Is this legal? They also want to put me on a Zero Hours contract and he stays on a normal 37.5 hour week contract.


Help needed as no where to turn!

They said absolutely nothing to you? At all? Did you not ask any questions about why they have done this?

I would basically agree with what you have been told, but is dependant upon the whole story, and this seems to be very short on being that. It's not that I don't believe you - but this isn't enough of an explanation for the circumstances you describe. It would be helpful if you could explain more (or ask more questions if you haven't already), as the more information you can provide, the essayist it is to spot any problems with the advice.

On a broad brush approach, no, this wouldn't appear to be lawful. But I am struggling to understand how any employer would think it is, hence the concern about the detail.

JLS3405

I am only back today and no 'Directors' available and I need to also get on with work. I had a hand op in March at which time I said I may look at part time due to healing time, this did not happen and I came back to work ready to carry on. Nothing else said until I have been on 3 days AL and come back to this new person (been there 3 months) now telling me he will be head gardener and I will be part time. Pay is of course less. The new gardener is a best friend to one of the Directors and is very outspoken, where as I like to get on with my work. This has shot me in the foot as I can see the new guy has clearly been chatting behind my back. Its only a small place and I think they think they can do what they want. Prior to this me and the new guy were on the same hours and pay but as I had been their longer was classed as head guy.

Guest101

JLS3405 wrote: »

I am only back today and no 'Directors' available and I need to also get on with work. I had a hand op in March at which time I said I may look at part time due to healing time, this did not happen and I came back to work ready to carry on. Nothing else said until I have been on 3 days AL and come back to this new person (been there 3 months) now telling me he will be head gardener and I will be part time. Pay is of course less. The new gardener is a best friend to one of the Directors and is very outspoken, where as I like to get on with my work. This has shot me in the foot as I can see the new guy has clearly been chatting behind my back. Its only a small place and I think they think they can do what they want. Prior to this me and the new guy were on the same hours and pay but as I had been their longer was classed as head guy.

If you are on less hours / money and you continue to accept it, your claim will be diminished.


So you need to put something in writing.

sangie595

Guest101 wrote: »

If you are on less hours / money and you continue to accept it, your claim will be diminished.


So you need to put something in writing.

Agreed. You need to say that toy have not angered this change to your job and terms and toy are working under protest ( you need to use that term "under protest") subject to taking legal advice.
And there is NOTHING in your work that takes priority over being this sorted out.

However, please explain. There is no such thing as "classed as head gardener". You either were, or you were not. If you were both on the same pay then there is no "head gardener" from what you are now saying. So appointing someone head gardener is up to the employer, and length of service had nothing to do with it.

aife

JLS3405 wrote: »

. Prior to this me and the new guy were on the same hours and pay but as I had been their longer was classed as head guy.

Was there ever any official acknowledgement , or anything in writing that you were head gardener , or was it just an informal understanding ?
Either way you definitely need to put something in writing , asking for an explanation and reiterating that you have not been consulted and have not agreed to a cut in hours