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Original poster

Unreasonable Employer??

32 replies

Namechangeemploymenthelp · 29/07/2023 16:05

Apologies for the rubbish username.

I was dismissed after 20 plus years with my employer. Successfully appealed and was told I would be reinstated , no detriment etc. Unfortunately HR allocated me back to the same line manager (not good- their own reports identified failings) and I was told (as recently as a week or two ago) there were no posts currently available.

Today I received an email from a job website informing me that my employers are looking for someone at my grade in my business area . I’m shocked/a bit shook up (although probably shouldn’t be). They obviously don’t want me to return (given what has occurred previously and , related, I have a disability so would need some adjustments?) but to be that obvious?

Unfortunately my Trade Union haven’t been great - tell me just to go along with employers /see what happens etc I had already started an ET claim - submitted the ET1 after they had dismissed me but obviously that was before this. I presume I will just have to continue along that route but feel really upset/shocked at how they are behaving.

Just wondered if anyone had been through anything similar and if so had any advice? Thank you

OP posts:
Weflewinstyle · 29/07/2023 16:13

You appealed through what body?

Weflewinstyle · 29/07/2023 16:15

and I was told (as recently as a week or two ago) there were no posts currently available.

so you won
but now they say your job has gone?

Original poster
Namechangeemploymenthelp · 29/07/2023 16:26

Through the Employers Appeal Process. A series of recommendations were made - HR to implement them. They emailed and said I was to return to my original line management / business area but there was no post available. They have now advertised a post at my grade in the business area - even available to people on TP at the grade below but have been saying to me there is no post.

OP posts:
whatthebejesus · 29/07/2023 16:34

If you've appealed and been successful then presumably you've been reinstated to your old position?
Is this new job that's been advertised something that you can do? Do you meet the requirements? If so then apply for it.

blueshoes · 29/07/2023 16:34

Weflewinstyle · 29/07/2023 16:15

and I was told (as recently as a week or two ago) there were no posts currently available.

so you won
but now they say your job has gone?

Same question. If they tell you your job is gone, shouldn't they be making you redundant? They will have a pay out quite a lot since you have been there over 20 years.

If they are advertising for a similar post, then it is not a redundancy. Take a copy of that ad and the date/time.

Go and see an employment lawyer.

If I were you, I would not be angling to be reinstated but for a substantial payout instead. You cannot go back to the same company when they are treating you like this. Think of this as divorce. You can never go back to the same so settle for cash and move on.

See an employment lawyer.

drpet49 · 29/07/2023 16:35

They advertised a post at your grade. They haven’t advertised your job.

Weflewinstyle · 29/07/2023 16:35

Namechangeemploymenthelp · 29/07/2023 16:26

Through the Employers Appeal Process. A series of recommendations were made - HR to implement them. They emailed and said I was to return to my original line management / business area but there was no post available. They have now advertised a post at my grade in the business area - even available to people on TP at the grade below but have been saying to me there is no post.

So are they saying you have no job

or not the same job

op - you are not t being clear at all

PinkFrogss · 29/07/2023 16:38

Your post is a bit confusing, so you won your appeal and they agreed to reinstate you.

You then ended up not being reinstated because they said there were no vacancy posts.

So what happened after that? Did you just say “oh well I guess that’s that then”?

Treesinmygarden · 29/07/2023 16:39

Unfortunately, so far as I am aware, they do not have to reinstate you in your old post, but any post they deem suitable at your grade.

I don't understand how you have been placed with the same manager and simultaneously be told there is no job?

Weflewinstyle · 29/07/2023 16:40

Op on the basis of this thread, I have to say I’m surprised you were successful

Fraaahnces · 29/07/2023 16:42

Sounds like they’ve shot themselves in the foot by advertising that one!

Weflewinstyle · 29/07/2023 17:09

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines - previously banned poster.

Yetisrus29 · 29/07/2023 17:13

They've reinstated you with your old manager, so your old job. They've told you there were no other vacancies. The one being advertised isn't your old job at a guess.

TorviShieldMaiden · 29/07/2023 17:18

Your trade union haven’t been useless. If the employer has followed their own process, the union don’t have magical powers. They can assist you through the ET process.

Original poster
Namechangeemploymenthelp · 29/07/2023 17:38

Sorry if I’m not being very clear.

At the end of May I am told that my appeal has been successful and I should be reinstated with no detriment.

At the end of June HR say I am being allocated back to my old line management / business area but there is no post available. I keep chasing and am told , as recently as ten days ago, there is no post available at your grade.

Today I have received a message from a recruitment agency saying my employers have advertised for someone at my Grade (or on TP) to work in the same area- it’s very streamlined / no one else at my grade in that area.

Yes I might be able to apply for the post but seeing as they haven’t offered it to me (they could have simply put me in it) I assume that means they don’t want me?

I wondered if anyone else had been in a similar position and what they had done. I’m sorry that my post was confusing and has annoyed some of you.

OP posts:
HundredMilesAnHour · 29/07/2023 17:43

Talk to ACAS for free first but I'd be sending them a letter from an employment lawyer.

They have reinstate you into your old role or they make you redundant (and pay you off accordingly). They don't get to fire you, then reinstate you and then say there's no role to reinstate. What happened to your old role? Have they filled it? (assume this is the one they're advertising?) Or did they make the role redundant?

burnoutbabe · 29/07/2023 17:44

Are they paying you but no role to work at?

Else what's to stop anyone going to an employment tribunal, winning reinstatement and employer just saying ah sorry no role now, tough!

Original poster
Namechangeemploymenthelp · 29/07/2023 17:46

Thank you. It’s not entirely clear what has been done with my old role - think it is what is being advertised.

OP posts:
Original poster
Namechangeemploymenthelp · 29/07/2023 17:49

They are not paying me.

I was successful through an internal appeal process- which concluded they would reinstate me.

I did start an Employment Tribunal process when they dismissed me (submitted an ET1 form) but hoped that had been overtaken by the successful appeal. I think it looks like I will need to speak to an Employment Lawyer about next steps.

OP posts:
Sureaseggs44 · 29/07/2023 17:51

So are you employed by them or not ? Keep a copy of the advert and go to an employment lawyer . If you have a case you probably won’t have pay .

they can do a letter on your behalf and perhaps get you a deal if you feel you don’t want to go back . 20 years is a long time , I would be fighting this .

HundredMilesAnHour · 29/07/2023 17:52

Namechangeemploymenthelp · 29/07/2023 17:46

Thank you. It’s not entirely clear what has been done with my old role - think it is what is being advertised.

Well, the starting point is to ask them why aren't you back in your old role since they agreed to reinstate you. That's what reinstate means. They don't get to just say there isn't a role. Are they giving you the runaround or are you just being very passive?

Also decide what you're actually looking to achieve here. Do you want your old role back? Do you want a different role with the same employer? Or do you want to be paid off? This may impact your approach and this is what an employment lawyer will ask you i.e. what do you want?

HundredMilesAnHour · 29/07/2023 17:55

Ok @Namechangeemploymenthelp just saw your post that they're not even paying you. Time to lawyer up.

Contact these guys - Landau Law - they will give you free advice initially and if they think you have a decent case, they usually offer no win, no fee.

https://landaulaw.co.uk/free-employment-law-advice/

Free employment law advice - specialist lawyers- Landau Law

We are specialist employment law solicitors with a national UK reputation. We are pleased to offer initial free employment law advice. 020 7100 5256

https://landaulaw.co.uk/free-employment-law-advice

LadinLee · 29/07/2023 18:03

If you are in aTU is there not access to legal advice through that?

Original poster
Namechangeemploymenthelp · 29/07/2023 18:18

Thank you. I will speak to an employment lawyer on Monday.

I was keen to return to work but I think it’s becoming increasingly clear they don’t want me back. To go back in such circumstances would be hellish?

I always got top box markings, promotions etc but then was badly bullied and had a breakdown. Whilst I was off they dismissed me which I successfully appealed. The appeal report was very critical of my managers - ‘significant failings’ etc’. After 20 plus years I couldn’t imagine being anywhere else . Wanted to start again/treat it like a blip but it doesn’t seem like they want me to?

I had wondered if anyone else had been through anything similar and managed to make it work but it doesn’t seem very likely?

Oh well! I will just have to get on with it.

Thank you for all your advice and patience.

OP posts:
Treesinmygarden · 29/07/2023 18:21

At the very least they should have put you back on the payroll and paid any monies outstanding since they dismissed you (if any). If they don't do that they are in breach of their own policies, which will be dimly regarded at an ET. No point in having an internal appeal and then just disregard the outcome. It sounds like they have messed up and advertised your job too. Let them fuck up - it's all in your favour when they do. I hope your ET application is still live?

I had this happen to me many years ago. They paid my salary and I was on the payroll for months before they found a shithole non-job to dump me in. Solicitor advised that they were within their rights to do it but it pretty much killed off my career.

The bastards also tried to go after the unemployment benefit I'd been paid when they sacked me! They were told to do one.

You need to engage a good employment lawyer here. Don't see how they have a leg to stand on. Take the advice of one who knows and get out of the place. You could never be happy there.