Where do I stand?

erb91

Hi all,

Manager was made redundant late September (eased out due to Director wanting change). 

I was given her role (different name) and verbally promised payrise, contract etc. I have been running my area of the business since late September, waiting and waiting for the company to sort promised contract payrise out with budget excuses, but I listened and understood the tough economical times and did my bit for 5/6 months.

I’ve got to the point where I feel I am just being strung along - doing a much harder role with huge responsibility with good success and no sight of pay rise despite discussion. 

I want to step back to my contracted role - which the company have said is no longer an active role however I have had no change of contract, no contract offer for the “new role”, no payrise so I am technically still my previous role.

Does anybody know where I stand with redundancy, will they have to offer me redundancy or another role contractually?

Really appreciate any advice - not prepared to be taken advantage of any more.

Side notes:
we just employed another staff member beneath me despite there not being budget for people spend.

We employed a team member beneath me on slightly more money than myself their manager whilst I was waiting my payrise.

General_Grant

If your old role no longer exists but the one you are now doing does, then they have offered alternative employment which you have found acceptable for the past 4 months or so.  (If the former post holder was dismissed on the grounds of redundancy then she would have been put in a "pool" with you and you were given the new role.)

If your old role no longer exists, are all of the duties of that job either not being done or being done by others (including perhaps some by yourself)?

You could seek employment with another organisation and see what happens when the requests for references arrive with your current employer.

erb91

Thanks Grant.

I’ve never had confirmation that my old role doesn’t exist, I am effectively doing both roles as I wasn’t replaced when I stepped up? 

I took the role as I was told there will be a payrise and contract to reflect the role. I have confirmation of the discussion of payrise and contract along with excuses why they can’t but am still waiting 4 months on so would like to step down as there has been no benefit and I’m being taken advantage of.

moneysavinghero

Is the person that was employed beneath you (but gets paid more than you) not doing the work that you would have previously done?

If they are genuinely paying you less than someone below you, and there is no logical reason why that person should be paid highly, then you could possibly claim constructive dismissal.

erb91

I was managing a subsection of our business in my role before I got “promoted”. He is on the floor, duties to help in that area however I am still having to do my role managing that area of the business along with the whole facility now too.

moneysavinghero

All great managers know how to delegate.

ssparks2003

At this moment you are employed and in your view doing a good job despite being on less money than you think you should be on having taken on additional responsibility.  Your company has "eased" one person out, rock the boat too much and what outcome do you see. 

TBagpuss

I don't think you are correct that you are still your previous role. You have been doing the new job so you are now in that role. It's very common for roles to change without there being a new written contract, you've been doing the new job, they've been paying you - there is a contract, it's just not in writing. 

So i can't see that you would have any argument to say that you were redundant - your role has simply evolved and you've been assigned some different tasks to do. 

You can absolutely raise it again, and flag up your concerns that you are being paid less than people who are subordinate to you and doing a less skilled role, and that you undertook the new work on the understanding that your pay would be adjusted accordingly, but ultimately, unless you are getting paid less due to a protected characteristic of yours (e.g. if you are female but the people getting paid more to do the same or a lower rated job are all male, and that is or appears to be the reason for the difference) they are not obliged to pay you more.

It's possible that your former role is now redundant, but since you changed roles several months ago, that's water under the bridge - your *current* role isn't redundant,

erb91

Thanks for replies. I got advice and learnt they legally have to provide you with a letter stating role change within a month but don’t necessarily have to provide a full new contract. I’ve had neither.

I don’t feel they can do much by me stepping back when I’ve had no confirmation that my “old” role was no longer available just talk throughout the company.

 I stepped up, haven’t received the payrise to go with the role as was suggested and promised by my director therefore feel by stepping down back down from duties I am just no longer choosing to do a job role I am not officially in due to the company failing to give me anything official regarding my prior role nor my newer role.

It’s been handled terribly and I have recently learnt that they are notorious for doing this sadly.

General_Grant

erb91 said:

Thanks for replies. I got advice and learnt they legally have to provide you with a letter stating role change within a month but don’t necessarily have to provide a full new contract. I’ve had neither.

I don’t feel they can do much by me stepping back when I’ve had no confirmation that my “old” role was no longer available just talk throughout the company.

 I stepped up, haven’t received the payrise to go with the role as was suggested and promised by my director therefore feel by stepping down back down from duties I am just no longer choosing to do a job role I am not officially in due to the company failing to give me anything official regarding my prior role nor my newer role.

It’s been handled terribly and I have recently learnt that they are notorious for doing this sadly.

Did whoever provided that "advice" give you proof of the correctness of the statement?

erb91

It was Acas so I do hope it was correct advice, Grant 😬