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Who do I work for

3 replies

Mgf1953 · 05/10/2014 05:44

Employment advice.

I have been working for the same firm for the past 26 years as a Manager. Eight years ago my firm outsourced the team I was managing but at the time kept me in a slightly different role. The outsource firm has had many issues fitting in and recently my line boss suddenly left and I was left with no manager. Over the past 8 years I have had to continually induct new managers for the out source firm as they seem not to be able to keep any staff for long.

Any way recently a partner met up with me, after the pleasantries he got to the point and said no one could manage me and thought that I should be managed by the manager of the out source firm and the same firm I was always seen as a client representative between my firm and the outsource firm, he went on to say that they should also manage my holidays and sickness or HR issues, lastly he say that I should look after all health and safety.

It looks like to me that they ( my firm ) know I have only 4 years left and are not interested in me or see me as a asset with 26 years experience but rather a lack of interest and a problem for them.

I am happy to be flexible and I know it's hard out there, I could not get the same job at my age , I need to work for my pensions and grandchildren I help with. I also love working and have been committed to my firm for over a quarter of a century. It saddens me that my firm no longer make me feel wanted

I have problems with this suggestion, they are really about pride and respect but important to me

They want me to be managed by a sub contractor to the firm

I feel that I would be taking a step backwards and my position would be diminished

I am more experienced than any of the sub contractors

In the last 8 years I have worked with them and supported them, trained them etc

I don't mind continuing this but I can't be managed by them it doesn't fit, they have a new site manager every year

I was always the one who represented the client and reported to a senior manager of the main firm on them

I am sure they can find a way to force me to work this way but can I raise my concerns which are all about my pride and position as seen as a Senior Manager

Also I wrote a letter some two years ago outlining my fears of maybe suffering due to a bacteria outbreak caused by no maintenance and for nearly three years breathing this in at high levels without my knowledge in my office room- I only brought my fears to the attention of the then CEO who completely in his response by email to me categorically said we never had bacteria even though I was instructed to get it cleaned up at a cost of 60 K, have the independent lab reports and all the correspondence etc, I took no further action as I thought it better to work my time out than go down a complaint route etc. He no longer works for us and left a month ago so I feel this change has been forced on them and they don't know how to deal with me.

  1. Can I be forced to work and take instructions by a sub contractor that I am not in contract with ?
  1. Can I make a grievance and still keep my job if I don't win?
  1. Do I have to sign a new contract?
  1. If I have to continue can I say I do under protest?
  1. Should I formally write and explain that while I understand the need for change and am happy to work with them but I feel that the reporting new structure would embarrass and cause upset to my position I have held for 26 years

Apologise for such a long post

OP posts:
EBearhug · 05/10/2014 14:22

What reasons did he give for saying no one could manage you? Is it structural, because your role doesn't fit in with the current organisation, or is it behavioural.

JustSayNoNoNo · 05/10/2014 23:36

To clarify: you work for company A, who subcontract some work to company B, and company A has indicated that they would like you to be employed by company B?

Is company A making your position redundant? This would apply as long as they don't plan to fill the role with someone else. If they are making you redundant then you should receive a redundancy payment. Calcs are something like 1 week's pay for every year's employment (1.5 for every week after you are 40?). Don't take my word for it - check online.
Are you being transferred to B under the TUPE regulations? Again, you can check if this meets the TUPE criteria. If it does, you will retain certain rights when you join company B.

I recommend you get proper legal advice to ensure you are treated fairly and within the law.

JustSayNoNoNo · 05/10/2014 23:37

That should read: "1.5 week's day for every year worked after you are age 40". (I told you not to take my word for it!)

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