Is this legal? Change of job role and responsibilities without consultation.

[Elwynne]

I've also asked this on chat -

My friend is going through an employment issue which I am sure is illegal. However I am not HR savvy enough to properly advise her, so I hope one of you can help.

Her employers have changed her job title and responsibilities (but not her wages) and havent had any consultation with her to explain the process. She found out during an office meeting

Does anyone know what her options are and whether she should pursue this legally? She is going through a lot at the moment and just seems to accept it but it is clearly adding a lot to her stress levels and unhappiness.

Any advice or HR knowledge gratefully accepted

If your friend is concerned she is really best off taking advice from her trade union, an employment solicitor or ACAS (the government free advice and conciliation service on all matters employment related). I am sure you are well intentioned but you get all sorts of ill informed or frankly lying people on here claiming to be lawyers or experts on employment law, plus even for someone who knows what they are talking about, it's very hard to advice based on the facts as you've said them.

It can be perfectly legal to change job titles and responsibilities with no or minimal consultation, and it can be absolutely illegal - it depends on the nature and scale of the change, what it says in her contract about changes to duties and what has been the usual practice of her employer, plus how long she has been there. So if for instance she was a Widget Maker and used ABC machines to make her widgets, and the company decided to upgrade their technology so she now uses a different XYZ machine to make the widgets, and at the same time decided job titles would be updated so now she's called a 'Widget Officer' that prima facie seems reasonable and not the sort of thing that requires extensive or formal consultation. Whereas if she was the Chief Exec and is now to be the dinner lady, not so much - there is a large grey area in between. Plus even in the latter example, if she had less than 2 years service within the company she would have very little legal recourse unless she could prove the reason for the change was related to discrimination on the grounds of a protected characteristic (or a very few other specific circumstances)... Plus even if she does have grounds for a case of unfair dismissal or discrimination she would be well advised to take some proper advice as to the likely cost and outcome before ploughing ahead as it can be a timely, expensive and soul destroying route, not what you want for someone who already has a lot of other stress in her life. She might be better off trying to resolve things amicably with her employer. This is a good basic article as to your rights and employers responsibilities re changing job descriptions etc.

legalservice.which.co.uk/insight/what-happens-when-youre-hired-for-a-job-and-it-changes/

Thanks @maxelly for that very sensible answer, I will pass it on to her so she can decide how she wants to proceed or not.

As a bit more background - She was head of unit for a number of years but has been downgraded and no longer holds any of the hou responsibilities. It feels very strange to me that this can be done without any prior conversation or notification from HR. She was not in trouble at work and met all her targets.

She was head of unit for a number of years but has been downgraded and no longer holds any of the hou responsibilities.

Please do your friend a favour and recommend she sees an employment solicitor, that definitely doesn't sound right to me.

Being downgraded from head of a unit including job title could amount to breach of contract if it affects the status of her employment including seniority and erosion of role duties but until your friend can talk through the details, it's impossible to advise reliably.

It could even amount to discrimination, for example if a male employee is subsequently put into the role or if a younger person is promoted and it turns out your friend's age was a reason. Too many assumptions to help on this one! Sounds like your friend has 2+ years' service which is helpful if discrimination isn't an issue, but if discrimination is an issue then it doesn't matter how long they've been working there.

Thanks @daisychain01 I have forwarded her your answer and also the pp answer. She isnt in a great place at the moment so I'm not going to push her to do anything but I really hope she does.

What a crappy company