WWYD - go to office, work from home or call in sick?

[Unicorn34]

I already know that I have a case for HR and employment procedures etc but I need to decide what to do in my current situation, and have no-one to ask in rl.

Summary of situation:

• coming back from a year secondment, knowing from catch ups, rotas and meetings that I would be going back into my permanent role - until 2 days before when all that changed.
• Surgery last Weds under GA, recoup day Thurs. Get call Thurs lunch to tell me my job is staying with person who has been covering it. (I know it can't happen legally and am on the case - but was dozey at the time and didn't fight my corner on that call, just got upset.)
• Given the name of my new line manager to report to tomorrow.

So I've got HR looking into it and I wont take this laying down, but am not sure what to do tomorrow.

I don't know if the "New manager" will even be there. My existing manager (who obviously didn't have my back) is on a weeks annual leave and I have no clue what the Senior Manager, who wrongly made this decision, is doing - calendar empty and on annual leave Tues.

WWYD?

1. Put on big pants (I cry when angry and not sure how I'm going to react). Is anyone going to be there to talk to, sit with, support me? Who knows??
2. Work from home? I can contact everyone on Teams.
3. Call in sick - due to lack of recovery time and using Fridays leave to sort this shit out, I feel physically crap and mentally wobbly. However, if it wasn't for this situation I'd not be unwell enough to be off sick but would probably wfh.

I feel totally undermined, angry, alone (I've not worked in this office for a year) and just wonder what others would do in my position.

My kickass friend said to go in, tell them I wont be taking on any cases (work in the LA) and sit it out.

Any advice is much appreciated. Thanks

Are you sure they can’t do that OP? After a years secondment it may be that you are required to get A job and at the same grade/salary but not your exact job & role- same as if you take a full years maternity. They can’t leave you without a job but they can give you a different one, as long as it’s not a pay cut.

Hi. Ive looked into the Employment Procedures for secondment within this LA and it states you return to your Substantive Role, which is the one I interviewed for originally, and now am being told is going to someone else who has been covering it. She has also stepped up from a lower grade to do this, so legally would need to be interviewed for promotion and the role itself advertised on the staff site for others to apply for.

But the question is - what do i do tomorrow?

I’d wfh. Tell both managers why and that you are waiting for guidance from HR

If you think you can keep your act together then go into the office. Speak to your new manager as instructed so no one can claim you didn't follow instructions, and then go to whoever would need to undo this.

What is the difference between the 2 jobs?

I think that’s what I would do in your position.

I don’t think there id a legal requirement to advertise and interview for the job. I’d stay at home though and make it clear why

Just to add as someone has up thread, it isn’t a legal requirement to advertise a role or make it available to others to interview for. There’s an argument that it would be best practice to do that because there is a potential that someone could claim direct or indirect discrimination if they wanted the role, didn’t get the opportunity and can evidence that not getting the opportunity was due to a protected characteristic, but it’s a debate not legislative requirement.

it may however be your LA’s policy to always interview/advertise a role and if it’s written into policy and they have not followed that then you could use that as a basis for a grievance.

The differences between the two jobs:

• Case holding is shorter for my Substantive Role which suits my way of working better.
• It's based mainly in care homes instead of an office, which i enjoy more
• I don't like doing "Duty" which would be expected in the new one

To be honest, if I'd had conversations, a notice period, respect and consideration, I'd not be so pissed off. The Senior Manager is a bully type and expects people to just accept what he says, but I wont especially as its been done in such a shit way.

My husband has also said to go in so that I can't have it held against me, but I'm 50/50 with wfh as I don't know if anyone will be there that I can talk to.

Maybe I'll go in but use my lunch break to return home to work if no-one is available.

Really don't need this at all - aarrghhh!

Thank you for some clarity. I really don't want a grievance or any hassle, I just want to go back to the role i originally interviewed for. I would have been open to discuss a change of team but am hurt and angry about how its all been done with 1.5 working days notice. It's just crap really.

Generally in LA's, public sector, they are required, by their own rules, to advertise permanent promotions by fair and open competition (either internally or externally), because not everyone who would apply for a permanent change, would apply for a temporary change. So failing to follow the recruitment policy may lay them open to a grievance by a few people within the organisation e.g., if another team couldn'tsupport an employee going for a temporary promotion, then they may feel aggrieved if a permanent promotion resulted from the temporary role.

Don’t you get 5 days off work after a GA? You used to.

I realise this wasn't what the OP was asking, but my experience is a GA knocks me sideways for days.
I don't think I would be working at all on Monday, and I wouldn't have taken a call from the Manager on Thursday either. (Well, I would my Manager, as she would be checking to see how I was, but not from a Manager I didn't have that relationship with).

I would have thought you would need a fit note for returning to work following a GA/operation. Would use that as my starting point whilst you start sorting out what's going on with your job. Look at relevant policies etc, contact Union/ACAS.....

Not that I know of. I'll ask.

Thanks for your response. I took the call as I thought it was just going to be a heads up of who would be in the office on Monday, what to do etc. as he was due to be away that week. I was knocked for six from what happened in the actual call.

Ive steeled myself to go into the office, only because I don't want to look petty and pearl clutching! But I know its bigger than this.

Unfortunately I'm not in the Union but have started Googling ACAS info and my HR dept are due to come back to me this week.

BUT do i go in?

If you are expected in and you are well enough to be in then yes I would go in. I would however caution against any discussions about your job change without HR/witness present. Ideally you want the meetings minutes so you dont end up in a he said/she said situation or agreeing to something you haven’t had the chance to think through.

Yes 100% I wont be chatting about it at all. I have planned to speak to the "New manager" if she is in and explain that I'm waiting for instruction from HR, and also to ask the Senior Admin lady to be with me for any discussions.

@Unicorn34 Are you a social worker in a care home review team and they're moving you to a community team?
Having had similar attempt to move me on return from mat leave, I was told by management my contract was with the LA NOT specifically for the role I'd been in. The union helped me to return to substantive role, but I was only covered as had been on mat leave.
I don't know if a sabbatical would have same protection.

One is the OP's job; the other one isn't.

Hi. Yes but not quite a Social Worker - SSCA. Apparently they can move me to any team under the Locality umbrella - but I was originally interviewed for a specific team. The lady in my post (on secondment too) is acting up as she was originally a SCA (not Senior). The only reason I've been given is that its "because its going well".

Guess I'm mainly pissed off as there was no notice of the change and the way its been done, plus I was on a sick day following surgery. It's like I don't matter - but guess I don't really in the larger scheme of things.

They sound awful and I'm sorry you've ended up in this position. Do you feel well enough to work? If yes, I'd personally WFH. If no, get a fit note and recover. I would avoid face to face but that's because I'm a crier!

You could also submit a subject access request and ask for all documentation, emails included, about how and why the decision was reached.