Can employer do this?

[CoffeeandStories]

DH had an assistant manager post within the public sector for 10 years. His boss left on a secondment and he was appointed as manager on a temporary promotion 2 years ago.

The original manager has now permanently moved so the managers job is now free. HR have said that DH will have to apply. Which is fine however just last week they recruited as assistant manager on a permanent contract. That post was my husbands substantive post. So if he didn't get the manager post then his post no longer exists.

Can they do this?

Nope.

Is he in a union, OP? They would be able to help him.

He is in a union so I've told him to contact them which he is planning to do tomorrow.

He had thought the assistant was also on a temporary promotion but confirmed today he has a permanent contract.

It all sounds a bit dodgy. Definitely time for the union to get involved!

Oh dear, sounds like someones dropped a clanger somewhere!

Had almost the same happen in a corporate bank where alot of our seconded roles had to be applied for (we'd been doing the role for 2 years!) Some didn't get the role and people from other departments who didn't have the experience did. Was just awful. I think HR are well within their right to open the role up to apply but if his role is gone what will they do with him if he doesn't get the position??

This is what I said to him today.

I don't know how they fix it though because they've said the managers post will need to be advertised because of fair and open competition rules. It could also mean someone level transfers across who is a substantive manager.

DH is actually gutted. He's done the job for 24 months and really enjoys it. He's happy to interview but unsettled about what will happen if he isn't successful ajd can't resume his assistant job at his current workplace. The nearest location is 1.5 hours away each way and there's no vacant post there anyway.

I would assume that they are confident that he will get the job but just need to tick some boxes by making him apply for the role.

He has every right to go back to his substantive post so he needs to raise this with his manager and HR.

I think it would be worthwhile him pointing out to them that he is obviously happy to apply for the manager's post but ask them what they see happening if he isn't appointed.

He needs to point out that they have now appointed someone on a permanent contract into his AM job. It would therefore be illegal to make him redundant (the role is not redundant) and they obviously have no grounds to sack him as he has been doing the Manager's job for 2 years.

Get him to pose this to HR as a question. It might make them realise they had better appoint him as permanent manager.