Employment lawyers?

[custardbear]

Hi
Are there any employment lawyers on this board? I've got a query about a harsh restructure at work and hoped for a push in the right direction
Thank you in advance

You might be better getting this moved to the employment board, there are often HR/employment lawyers on there that might be able to help

Thanks @Hoppinggreen
Admin - can you kindly move my post please?

What’s your query @custardbear

Actually custardbear now flowery is here moving it might not be necessary
I think they are a very experienced HR person who often gives helpful advice of the Employment board anyway

This is the employment board @Hoppinggreen I think they must have moved it already

Oops

Hi - my query was about restructures and constructive dismissal which is my worry.

At my level they're increasing staff by a quarter which is great. There's a chance 1 person from level above can apply for one of our roles if he's not successful in being slotted or interviewed for his post. But there will still be more roles than current people at that level.

My job has the same job title in the restructure, and the business hasn't changed at all. The person who wrote the job description says it only matches 55% to my current role, it doesn't, I've had two colleagues external to my department and very senior saying the job description is over 70% (the other said 90% match)

Consultation document says jobs need to be 75% match otherwise you have to be interviewed and do assessments - across the rest of my organisation they have recently used 50% so it's not equitable - is that allowable?

My major concern though is if I interview / assess badly and they don't put me in either of my two preferred jobs, can they just get rid of me? My person specification on the job description fits my background 100%, I have all those essential and desirable criteria, but my worry is they use an interview and assessment process to get rid of people they don't want. Can they do this?

Also where do I stand about challenging that 55% match? I was told in my consultation meeting, when I asked for the document and methodology used that my match was around 60 something percent, but wonder if this has been purposefully reduced since then - as I'm wondering that because they've had so much push back that they'll chose say 60% match so they've adjusted my role profile in the meantime to be under than match? ... that maybe my paranoia creeping in though
Help!
Thank you 🙏🏻

If I am reading this correctly there are more jobs than people, I am therefore not 100% sure I understand why you are worried? Are you thinking that they are using the restructure as an opportunity to clear people out and then go send hire externally instead? That would be quite an unusual, expensive and risky thing for any employer to do.

You mention constructive dismissal, do you mean unfair dismissal? Constructive dismissal means you have felt forced to resign, which doesn’t seem to be the case. How long have you been there?

Thanks @Aprilx - I am concerned that the person leading this and bulldozing with it is using the process to get rid of people she doesn't like, I've heard her say things like 'we're not just rearranging the chairs here' and also saying that there are lots of people looking for work due to pandemic so there are lots of potential candidates out there
Yes i probably do mean unfair dismissal, it's not likely to be me, but I'm just cynical as this person really isn't someone to trust

@flowery - do you have any advice?
Thank you

I think in those circumstances if they did get rid of you they would be vulnerable to an unfair dismissal claim. A combination of your own assessment of the extent of the match, plus that of the others you have mentioned, plus the fact they used 50% before, would all make it risky to dismiss you.

In terms of how to proceed, consultation is the time to address the low percentage they've identified, with evidence. Get all that on the record in strong terms, which will hopefully put them off doing anything dodgy, and will also be the framework of a potential appeal.

Thank you flowery
I've been in touch with the union also for support
I don't think they're trying to get rid of me, but don't want to be blindsided and don't want to ignore what later I may find out is too late to take action
Thanks again
🙏🏻😎

@flowery
Ok it's happened! We had to go through a dreadful process
Completing a form so we ticked all essential and desirable criteria on the job descriptions (not what redeployment or new candidates would need to do as some had 40+ criteria!)
Tests because 'we've been asked to do tests as some people don't do so well in interviews'
Horrible interview where it was more like a recruitment drive interview

I've been told I won't be put into my job (been doing it 10 years!) and the others I selected

I apparently didn't mention something (which I did ) in my interview so they're not placing me
I asked about the tests and they said 'you did really well in one of these tests ... but we're not using them now as it will skew the results!'

Never had a resolution about the job description being 55% overlap only, when others I used said was much higher - I asked for the mapping and was told no.

Been told to wait and see what's left over and I may get offered something at my level or the one below - albeit I'm pay protected for a while

What next - complain myself or go straight to lawyer and get a legal letter asking for a resolution

Mymproblem is I can't work for this arsehole any longer, she's manipulative, nasty, goes out of her way to do
Nasty thjngs to anyone who dare cross her ... all staff involved are terrified to do anything
I've always had great feedback and appraisals, wen there 10
Years so plenty of people to give me support and tell me it's her not me, pointing out I've never had problems only praise
I'm so angry - please help!

I would start by writing out a time line of what happened when. Obtain evidence such as all written correspondence, screenshots of webpages, your own contemporaneous notes of meetings, 1:2:1s and phone calls etc. Find the consultation procedure they were following and identify where they did not follow their own process.

Contact your TU rep, ask what was agreed e.g. why were other departments a 50% job match but yours 75%.

Lodge an appeal and request an independent assessment of your job against the new jobs.

I am sure @flowery will be able to add to this.

Thanks @Alpinechalet - I'll do that - it's a farce!

TU involved but it's slow - massive complaints going in to different heads (Independent head of organisation specific fir complaints and HR) that 30-45 people signed up to
I'm deliberating on a solicitor but talking last night to some others involved, albeit different issues they feel it's best to stick together and act as a solid group

Definitely work together with colleagues and TU. Do the timeline first as this will help if you do decide to see a solicitor. Also check house and car insurance to see if you have legal,protection.

Great thanks @Alpinechalet - I do have it, will save me some money! 🤑