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Given my job to someone else without consulting me

6 replies

Noangelbuthavingfun · 08/03/2023 10:22

Never thought I'd be in this situation. Been with company 23 months...April 10th will be 2 years. No issues till November just gone. Have a global role. Got promoted in October. Jan a new dotted line boss was introduced... they are a contractor only and due to status we cannot report into them on the system hence dotted line. They sit in a different country.
Fast forward this week ànd have just been shown a new org chart with my role effectively still there but now given to a person I manage. No discussion with me by either boss. Other roles on org chart some with names but none with my name on. Been told don't worry we will tell u where you fit in.... Real boss not present, HR not present, no forewarning and no follow up. No job spec...nothing.
Effectively my role still exists but in a different country (peer role still exists with name on chart in same country) so they cannot claim a business reason.
Previous soft discussion mentioned flippantly with dotted line boss /contractor that they want me to do more business development type work.. That's not my role today nor something I want to do. No discussions since then until this org chart. My actual manager has not even spoken to me about this chart or changes....

My question is this : they cannot change my Role without consultation can they ? Its effectively a demotion in my view as no other role on org chart is the same as mine ... no HR or job description...etc.
Where do I stand? What are my next steps to protect myself ?

AIBU to want a fair and equitable option with a clear job description and reasoning for the changes plus an option of redundancy if its not what I want to do?Surely this is what the process should be?
Or do I have to suck it up and let them do what they want without any process followed? (I've been through redundancy before and it was handled entirely differently)

Looking for some guidance from employment law experts AND / OR experiences any of you may have been through..

OP posts:
prh47bridge · 08/03/2023 12:46

As you have been there less than 2 years, you have limited protection. Yes, there should be a consultation, but that just consists of someone talking to you about the changes and listening to your feedback. They don't have to do any more than that. If they want to ignore your feedback and go ahead with the changes, they can.

If they dismiss you, there is nothing you can do about it unless you are being discriminated against due to a protected characteristic. However, if you get to 2 years' service, you are then protected against unfair dismissal.

Similarly, if they make major changes to your job and you choose to leave, you can only sue for constructive dismissal if you get to 2 years' service. Constructive dismissal cases are hard to win.

Noangelbuthavingfun · 08/03/2023 12:54

prh47bridge · 08/03/2023 12:46

As you have been there less than 2 years, you have limited protection. Yes, there should be a consultation, but that just consists of someone talking to you about the changes and listening to your feedback. They don't have to do any more than that. If they want to ignore your feedback and go ahead with the changes, they can.

If they dismiss you, there is nothing you can do about it unless you are being discriminated against due to a protected characteristic. However, if you get to 2 years' service, you are then protected against unfair dismissal.

Similarly, if they make major changes to your job and you choose to leave, you can only sue for constructive dismissal if you get to 2 years' service. Constructive dismissal cases are hard to win.

Wow... does hr need to be involved in the chat or not ? Nothing is ever documented ? And I have 3 months notice period - does that bring me over the line to 2 years or is notice period irrelevant? I want to argue they need to give me a redundancy option (if 2 years count either with or without notice period ) . I'd bloody well take it

OP posts:
Ridingfree · 08/03/2023 12:57

All I can say is I was in a similar position and was being treated as less than 2 hrs service. Once I raised my notice took me over the 2yr mark they regrouped and I was offered a redundancy package as I should have been

Good luck

Ridingfree · 08/03/2023 12:57

2 years not hrs!

NomadicSpirit · 08/03/2023 13:00

I think you should speak to ACAS. I found them very helpful when I'm a similar position. I said what they told me to say and watched all the back tracking. I viewed it as disrespectful though and looked for another job.

prh47bridge · 08/03/2023 15:15

Noangelbuthavingfun · 08/03/2023 12:54

Wow... does hr need to be involved in the chat or not ? Nothing is ever documented ? And I have 3 months notice period - does that bring me over the line to 2 years or is notice period irrelevant? I want to argue they need to give me a redundancy option (if 2 years count either with or without notice period ) . I'd bloody well take it

There is no legal requirement for HR to be involved in the consultation.

Your contractual notice period does not take you over the 2 years. Statutory notice can, but not contractual notice. Statutory notice is only one week.

As you've been with your employer less than 2 years, you do not have any right to redundancy pay.

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