Do I have grounds for a complaint?

kevin010382

This is a long one, but it's important that all the facts are presented.


I've been a permanent employee for this company for 12 years and about 2 years ago applied for and was successful in being promoted to our training department as a trainer. The job was advertised as permanent and sounded promising at the interview stage, with no indications of uncertainty in the department.


After a 9 months in the role, I was told my permanent job no longer existed and would have to apply for a fixt term role. This took me by surprise as there was no mention at the interview that the department was being restructured. I later obtained some documents that prove there was scope for restructuring a year before I applied for the job.


After a stressful few months I was placed in a two year contract. I was told at this point that this was to aid the transition of the restructuring while they found external training providers but there could be scope to make the role permanent.


I am now 7 months into the fixed term and my specialist areas in which I train have now been outsourced and I have very little to do on a day to day basis. There is also the fact that a member of staff who joined after me knowing his job was only temporary, now has quite a promising future, so I reluctantly when job hunting. Some friends feel that this could be seen as constructive dismissal however, I'm not sure I have a very solid argument.


Would someone be able to offer any advice?

ReadingTim

kevin010382 wrote: »

After a 9 months in the role, I was told my permanent job no longer existed and would have to apply for a fixt term role. This took me by surprise as there was no mention at the interview that the department was being restructured. I later obtained some documents that prove there was scope for restructuring a year before I applied for the job.

So you're claiming you were hired despite a plan spanning at least a year and three quarters to restructure the department? This isn't a solid argument, it's a conspiracy theory.

kevin010382 wrote: »

There is also the fact that a member of staff who joined after me knowing his job was only temporary, now has quite a promising future, so I reluctantly when job hunting. Some friends feel that this could be seen as constructive dismissal

It's not constructive dismissal - it's sour grapes, and it sounds like you know it.

Sorry mate, I don't think you've got a leg to stand on - you've just been a victim of unfortunate timing and being in the wrong department at the wrong time. Business needs change and it seems you moved into a department (voluntarily) that was either not doing well, or deemed subsequently not to be core to the business of the company. !!!!!! happens - you won't be the first or the last person to have started a new job only for the company to go belly up shortly afterwards.

Besides, what do you hope to achieve with a complaint? What do you want out of it? I can understand you wanting to have a moan about how badly things have panned out for you, but can't see anything more than that in your post I'm afraid.

Comms69

after so long with the employer, why bother with fixed term contract, it's no different to a 'permanent' one

steampowered

Refusing to renew a fixed term contract can constitute unfair dismissal.

Making a formal complaint is not likely to get you anywhere but may upset people.

I think there is nothing you can do for the moment, but you might be able to take action if your contract is not renewed at the end of the 2 years.

The other option is to leave if you are able to find a good opportunity somewhere else.

Sarastro

I don't think they've actually done anything that constitutes constructive dismissal. What you do now depends on whether you want to stay, or not. I'd suggest not. You could ask them frankly if they would offer you a redundancy package as there doesn't seem much for you to do.