Help with TUPE process please

[justlliloleme]

I've been working for my (relatively small) employer for 10 years & worked my way up a quite senior position - think 'Head of'. We are now being TUPE'd into a public authority and are just entering the consultation stage.

My new role shows that I've been put into a team that they feel is closest to what I do now & they have taken all my staff away (it was only a few but that's not the point). I'm arguing that the team is not the right fit for my role so I'm working through that with them. My fear is that if it goes ahead as they've planned I'm going to be in a fairly junior role compared to what I do now with less responsibility & no staff. I know that part of my role will be done centrally, policies etc & I understand that is inevitable but I feel that this will be detrimental to me from a career perspective.

They propose to runs job evaluations 'soon', when they evaluate mine I fear that the effective demotion will effect not only my salary but will set my career back considerably as the role won't be as varied as I do now, not will it have the same job title. I'll be essentially pigeon holed into a role I developed out of 5 years ago.

Can they do this? Do I have any rights other than contractual during this process? Sorry if I've not given enough info but I'm a bit emotional about it at the minute.

I've also post on AIBU for traffic, thank you x

I don't know, but you could contact ACAS for advice. I'm sorry you're going through this. It must be unsettling enough without feeling your job is essentially being taken away.

Thank you, I'm going to ring ACAS in the morning.

They have said nothing will change as the role still needs to be done but I can see where it's going there putting me under someone who works at a lower level than I do now - although they do get paid about £10k more than me.

My staff aren't happy about being managed by someone else either - it's a bit of a mess & I'm not sure where I stand.

The move will definitely have an adverse effect on my future prospects.

I do hope that you are in a union, because this is far too complicated for the ACAS helpline, and I would be taking anything they tell you with a large pinch of salt.

But, being rather blunt, if you are currently a big fish in a small pond, there is no way whatsoever that you will be managed into a big fish role in an ocean! So whilst there is certainly a conversation that should be had around "fit" (and bearing in mind that if you don't fit, redundancy is the only other option), that fit will be largely dictated by the salary that you are on and the equivalencies in the local authority - which will not be "head of service" level. A local authority head of service typically manages hundreds of staff, not a few. So it is entirely the case that in comparison you will end up in a relatively junior role and nothing other than redundancy will change that. Do you want to be made redundant? Genuine question that - if you do, say so. It might be easier for them to manage.

There is simply no way that they are going to place you in a position that is equivalent to your expectations. The employers are chalk and cheese, and there aren't the kind of equivalencies that you are wanting. It does rather sound a bit like they are struggling to find a level to slot you in at, and that wouldn't be unususal in such situations.

That said, and I totally understand why this might be difficult for you in the short term, that "ocean" has an awful lot of progression possibilities, not just with that local authority, but across all local authorities, who, for legal purposes in employment law, are treated as one. And the pension isn't what it was, but it's still one of the best out there. So there is the potential to travel further, and faster, than with your previous employer. You sound ambitious and capable - so this setting might be ideal for you in the longer term if you can get over these first steps.

My staff aren't happy about being managed by someone else either
There is only one answer to that. They will have to get happy about it. It isn't a democracy.

Make sure your job description accurately reflects your current role. Span of control
is one factor but so is autonomy and decision making.

I agree with @Neriah that you are moving from a small pond and so your position in the new organisation is likely to feel like a step down. However, the promotion and development opportunities will be far greater.