Role Moved And Given To Someone Else - Advice Needed

Jox

Can you call ACAS and ask them or do you belong to a union?

Smudger78

Yes I’m a union member and advice from them is the next step. Just thought I’d post on here for the views of others...

lincroft1710

Smudger78 wrote: »

So fast forward to current day and two months ago I was told by my boss that my area of the business was looking at restructuring. Part of this would see my old team being “disbanded” however a new business area had been created which effectively does what we did but business wide had been created. This new business area had roles created one of which was a role that had a different title but effectively was my role but business wide instead of for one area of the business. My boss even said when she saw it that she’d told the Director and others that they needed to be careful as I would notice this. This role was subsequently advertised and the person I assumed would get it (good relationship with new head of department) got it. I chose not to apply as I didn’t believe I should have to and was also to,d there would be “other opportunities” for me given I’d done such a good job over the last three years. Underneath this role a number of other new roles were the. created and the majority of my old team were brought together and basically told they were being transferred across.

Smudger78 wrote: »

At the time the job was advertised I wasn’t made aware I would be without a role so had no need to apply for another one. It’s only subsequent to it being appointed that this became clear so how is that my fault? In slightly aggrieved that none of this was communicated and I wasn’t formally advised that i should apply as this was effectively my job. If you think this is a reasonable way to treat people then you live in a different world to the one I do.

It is your fault because you were told your old team was being disbanded and you were told a new similar role to yours was being created and you chose not to apply for it. You may have been successful had you applied.

Don't expect an employer to treat an employee "reasonably" and you won't go far wrong! Human resources is aptly named, you are a "resource" just like a desk or a ballpoint pen from the stationery cupboard. At the moment you still have a job and I would suggest you keep your head down until you know what your employer decides whether to offer you a new role or redundancy

Smudger78

Ok, well thanks for your opinions. It was always my intention to wait and see how things develop anyway, just doing a bit of scenario planning out loud really. Your entitled to your other views although I don’t necessarily agree with them based on my experience of these kind of situations from both sides of the fence.

getmore4less

On what grounds are you claiming constructive dismissal?

You have not mention anything that would count.

If there is anything you failed to mention you need to take immediate action and potentially resign,
if you don't it will fail the main constructive dismissal test, you could no longer work there.

Manxman_in_exile

Smudger78 wrote: »

At the time the job was advertised I wasn’t made aware I would be without a role so had no need to apply for another one. It’s only subsequent to it being appointed that this became clear so how is that my fault? In slightly aggrieved that none of this was communicated and I wasn’t formally advised that i should apply as this was effectively my job. If you think this is a reasonable way to treat people then you live in a different world to the one I do.

But you said in your OP that you chose not to apply because you thought they'd give the job to you? (May not be your exact words but that's how I read it).


I'm afraid I think it was unwise (and a little naïve?) to think they'd give a job to you without you applying for it. If you don't apply, how do they know you want the job?


(Easy for me to say, perhaps, but I've been through a couple of redundancy situations and each time I was able to rely on helpful HR advice from a colleague who was a close friend. One bit of advice was to make sure I applied for any posts that were remotely suitable).


If your employer offers to re-deploy you to another post which is reasonably suitable, I'd carefully weigh up the pros and cons of rejecting it before doing so (even if it's an area that doesn't interest you).


And a lower paid post could be deemed to be a suitable alternative.


Listen to what your union rep advises.