Asked for a salary review and now have to reapply

[BeBlueAnt]

I've been at my job for 3 years and recently raised to my manager that I do more than is in my JD and would like my salary to be reviewed. They agreed and also said they would like to change some aspects of my JD. I was then informed that because my JD and salary are changing I will need to re-interview for my job and it will be externally advertised too.

I have a job interview for another job of much higher pay for similar work, I'm in the mindset now of fuck my current job and put all my time outside of work towards preparing for this other interview.

Any advice or thoughts on this??

I'm so annoyed and humiliated that I'll possibly lose my current job to a better candidate

If the job still exists - even with a changed job description, it’s not redundancy.

Interview for both, and if you get the other role then leave this one. Never forget how your company treats you, it says everything about them and not very much about you. No doubt they will take you through this circus for a tiny increase. It’s a tale as old as time.

This seems a bit mixed up. The first post implied you were a full time employee. A later post suggested you were a contractor. Which is it?

This is redundancy surely? Never been through it but they cant just get rid of your job and you in the process.

As you’ve been there for 3 years you have employment rights and they will have to make your post redundant. Speak to ACAS and HR. They are playing fast and loose with employment law.
Chat GPT says:
What you describe may be legal in some circumstances, but it can also be unfair dismissal or sham redundancy depending on how it’s handled (assuming you’re in the UK).
Key points
If they are saying:

• Your current role is changing / being regraded
• You must compete externally for the new role
• If unsuccessful, you lose your job

This can sometimes happen during:

• restructuring
• redundancy
• dismissal and re-engagement (“fire and rehire”)

But your employer must:

• Have a genuine business reason
• Follow a fair consultation process
• Use objective selection criteria
• Consider suitable alternative employment
• Avoid discrimination or retaliation
• Follow contract and employment law requirements

Important: If the new role is substantially similar to what you already do, and you’ve been performing it successfully for years, forcing you to reapply externally may be challengeable as unfair. ACAS notes that suitable alternative roles generally should be offered, not simply thrown open competitively without fair process. Red flags in your situation Your case may be stronger if:

• You were denied a fair JD/pay review after expanded duties
• They are replacing you with cheaper labour
• The “new” role is basically your current role
• There’s little real consultation
• You’re being punished for raising pay concerns
• Process appears retaliatory

Because you have 3 years’ service: You likely have protection from unfair dismissal (normally after 2 years continuous service). What to do now

1. Gather evidence

Keep copies of:

• Original contract
• Current job description
• Emails showing expanded duties
• Pay review request
• Meeting notes
• New JD
• Recruitment notices

1. Ask in writing:

• Why is your role changing?
• Is this redundancy, restructure, or promotion?
• Why external competition?
• What are the selection criteria?
• What redundancy/appeal rights apply?

1. Contact ACAS immediately

ACAS official advice on redundancy and contract changes ACAS Early Conciliation is often the first legal step before tribunal.

1. Speak to:

• Union rep (if applicable)
• Employment solicitor
• Citizens Advice

Possible claims (depending on facts)

• Unfair dismissal
• Failure to consult
• Constructive dismissal
• Breach of contract
• Discrimination (if relevant)
• Retaliation/victimisation

Practical strategy Do not resign impulsively unless advised legally. Instead:

• Participate professionally
• Submit grievance if process is unfair
• Document everything
• Preserve tribunal options

Bottom line Your employer cannot simply force you out without a fair legal process. Requiring you to reapply is not automatically unlawful, but if the process is unfair, retaliatory, or your role isn’t genuinely redundant, you may have strong grounds to challenge it. Immediate next best step: Contact ACAS and get employment law advice before signing or agreeing to anything.

They’re re-jigging the job description and asking OP to re-apply in competition with other applicants. That’s not redundancy - the job needs to be redundant, not the person.

The ending of a fixed term contract is a dismissal in employment law. This means that your organisation has to have a fair reason for dismissal: conduct, capability, statutory reason, redundancy, some other substantial reason. You need to ask what the dismissal reason is, 'ending of a fixed term contract' is not a fair reason of dismissal . As you have been continuously employed for 3 years you have employment rights. Ask for your change management/redundancy procedures/fixed term procedures. On the surface, if they are 'saying' that your job has substantially changed then you are redundant, as your job no longer exists duo to changes. Your change management procedures are important, as they should be looking at suitable alternative employment for you, which could potentially be this job, but depends on procedures. If this is private sector, then they may try to settle with you, if so dont settle for less than redundancy if you say yes.

You’ve been in your post 3-years, and asked for review or regrading? You screwed up. Had it been 4-years, you’d have become perm and then you could’ve haggled.

And if this is the public sector, if they’ve regraded, you have to have externals apply for the new job.

This can happen; a former job had changed out of all recognition so would have been re-advertised if it was regraded. This is in the public sector though. I ended up applying for (and getting) another job.

What made you ask for more money, before the contract ending in June was extended in writing.
You kind of handed yourself to them on a plate
Well it's done now
Is there any possibility of backtracking and asking to stay on the same contract longer .
If not ..I'd put everything in to both job applications.. because nothing is in the bag ,untill it is in the bag

You could be in line for some hefty COMPENSATION if this constitutes: CONSTRUCTIVE DISMISSAL . !! The best way forward would be: a reputable EMPLOYMENT LAWYER. Don't make any moves till you seen one. It could be your best decision yet....

Yep. This sadly is the long and short of it

Umm. Apart from the bit where she's a contractor whose contract ends in June ??

I'm sure OP can use AI fairly easily herself.

@Didimum No the public sector does mot have to advertise externally. If they are reorganizing, like everyone else, existing employees take precedence.

Usually this is a situation where op and employer negotiate. Opening the job to others is possibly constructive dismissal. It’s the op ends up with no job, it’s unfair dismissal. I’d consult an employment lawyer though.

I don’t believe that this is allowed, unless you have been put at risk of redundancy and gone through a consultation? No company can readvertise a role while the post holder is in situ without protocols being followed

That's one heck of a drip feed OP

so basically you made a fuss and now they want to replace you ? @BeBlueAnt

It seems odd that you asked for a pay rise a few weeks before your contracted ended.

I guess you meant a pay rise from June?

What they’re doing does seem sensible, because as you say the job is different to the actual job description.

However, it’s a bit shitty than they are advertising it externally without offering it to you first but I’m not sure if that’s actually illegal.

I would definitely go for the other job and if you’re successful then take it.

Are the differences in JDs significantly different? Have they had a conversation with you around what will happen if you are unsuccessful with your application? Doesnt sound as though they are minded to keep you if im honest. Hopefully you are in a TU and have contacted them.

Even if her contract is only until June and the new position starts after this?

Put all of your spare time into efforts for interview prep for the other role. But also reapply for your current job, just in case you don't get the better paid one.

Remember how they treated you, that should give you the drive to seek a better job elsewhere.

Fixed term workers still have rights. The op could certainly renegotiate her contract which is fairly normal practice.

Go get the other job…… fuck them!!

OP is a contractor and the contract was up for renewal in June. It’s not constructive dismissal.