Unfair dismissal; unfairly demoted and redundancy?
Discussion
Good Evening,
I have an issue that I'd appreciate any guidance on as I really don't know what my position or possible rights are as I have never been in this position before. It is a touch long but I have tried to include all the facts so that anyone with knowledge in this area may be able to comment in one go.
Summary:
Been with my company in continuous employment for 14 years having progressed from junior IT support to current position.
In 2007 the IT Director (who was a contractor) was let go and I was asked to take over the role and got a salary increase etc, however, my job title was left as "Group IT Manager" at this point for some reason. Over the next 3 years (until November 2009) I performed the IT Director/Head of IT role in its entirety (strategy, budgets, team management etc) and was routinely introduced as IT Director/Head of IT by everyone in the company. During this period every appraisal and performance review was above expectations.
In November 2009 a company announcement was made (unknown to me) that the "IT Director" role was being re-introduced and that an internal appointment had been made! The job was never advertised, I was not informed it was happening and the person chosen was not qualified to do the job. I therefore, to my mind, was effectively demoted without any reason and had to spend a considerable period of time handing all the IT Director tasks I performed "up" to this person.
Fast forward to last week and the announcemnt comes that there will be a cost cutting exercise resulting in possible redundancies, of which "Group IT Manager" is one.
I agree that the company cannot support two IT Management roles (Group IT Manager & IT Director), but disagree with how the selection pool (i.e. just me) was reached. The company justification is that the role required is the strategic one and therefore the IT Director role remains (with the current person). My argument is that I was that strategic person, with +ve performance reviews etc before I was demoted.
I have an impeccable record with the company, have had probably 10 days sick in 14 years and am the kind of person who takes things in their stride. I am confident I will find another job quickly but just don't think what they have done is fair, hence the details.
The specifics I'm looking for any thoughts or comments on are around the unfair re-introduction of the "IT Director" role without me being aware and the selection pool for the redundancy.
Many thanks for your time
I have an issue that I'd appreciate any guidance on as I really don't know what my position or possible rights are as I have never been in this position before. It is a touch long but I have tried to include all the facts so that anyone with knowledge in this area may be able to comment in one go.
Summary:
Been with my company in continuous employment for 14 years having progressed from junior IT support to current position.
In 2007 the IT Director (who was a contractor) was let go and I was asked to take over the role and got a salary increase etc, however, my job title was left as "Group IT Manager" at this point for some reason. Over the next 3 years (until November 2009) I performed the IT Director/Head of IT role in its entirety (strategy, budgets, team management etc) and was routinely introduced as IT Director/Head of IT by everyone in the company. During this period every appraisal and performance review was above expectations.
In November 2009 a company announcement was made (unknown to me) that the "IT Director" role was being re-introduced and that an internal appointment had been made! The job was never advertised, I was not informed it was happening and the person chosen was not qualified to do the job. I therefore, to my mind, was effectively demoted without any reason and had to spend a considerable period of time handing all the IT Director tasks I performed "up" to this person.
Fast forward to last week and the announcemnt comes that there will be a cost cutting exercise resulting in possible redundancies, of which "Group IT Manager" is one.
I agree that the company cannot support two IT Management roles (Group IT Manager & IT Director), but disagree with how the selection pool (i.e. just me) was reached. The company justification is that the role required is the strategic one and therefore the IT Director role remains (with the current person). My argument is that I was that strategic person, with +ve performance reviews etc before I was demoted.
I have an impeccable record with the company, have had probably 10 days sick in 14 years and am the kind of person who takes things in their stride. I am confident I will find another job quickly but just don't think what they have done is fair, hence the details.
The specifics I'm looking for any thoughts or comments on are around the unfair re-introduction of the "IT Director" role without me being aware and the selection pool for the redundancy.
Many thanks for your time
On the face of it, you accepted the reintroduction a number of months ago (I am assuming this as you make not reference to complaint?), so little mileage in raising it now, some 8 or 9 months later.
The question of the selection pool should be one of fact - did you continue to do the "strategic" work post this other role's creation? If not, and those are the skills required, then I think you're struggling, TBH. If yes, you either continued to do these tasks in total or in part then you should not be at risk/in a pool of two respectively.
Nothwithstanding that what's been done to you is crap, my advice, given you have skills and are confident of re-employment, is to move on. By all means get a lawyer, have some sport, see if you can bump up your package, but then find another, better place to work.
The question of the selection pool should be one of fact - did you continue to do the "strategic" work post this other role's creation? If not, and those are the skills required, then I think you're struggling, TBH. If yes, you either continued to do these tasks in total or in part then you should not be at risk/in a pool of two respectively.
Nothwithstanding that what's been done to you is crap, my advice, given you have skills and are confident of re-employment, is to move on. By all means get a lawyer, have some sport, see if you can bump up your package, but then find another, better place to work.
if you are confident of finding a new role and this will have to be just let go as you didnt mention anything in Nov 2009 when ideally you should have kicked up a s
t storm for not being considered and for having to help out someone who should be qualified to do the role.
I would get them to give you a good compromise agreement, 14 years should net you a lot of cash, look at it as a golden handshake and walk away into a new job.
Kicking up a stink now will get you nowhere and what will it gain?
t storm for not being considered and for having to help out someone who should be qualified to do the role.I would get them to give you a good compromise agreement, 14 years should net you a lot of cash, look at it as a golden handshake and walk away into a new job.
Kicking up a stink now will get you nowhere and what will it gain?
Guys, thanks for the time and replies. I realise now that November 2009 was the time I needed to really kick off. After the appointment in 2009 of this person I was told verbally that it was for a couple of months as "they didn't know where else in the business to put him", which is why I let it ride - nothing to substantiate this though 
I think I'll do as you suggest, get myself somewhere new but look for a bump up via a compromise agreement and the possibilities of legals.
Thanks again.
I think I'll do as you suggest, get myself somewhere new but look for a bump up via a compromise agreement and the possibilities of legals.
Thanks again.
You've overlooked something.
Who in the company is mates with this new appointment? Have you made any enemies?
From my experience, what you're capable of, your performance, intelligence, desire to do more, take on responsibility, learn more, none of it matters.
Who your mates are and politics matter more, it seems.
ETA: might make a thread, as typing this out has spurned me into action.
Who in the company is mates with this new appointment? Have you made any enemies?
From my experience, what you're capable of, your performance, intelligence, desire to do more, take on responsibility, learn more, none of it matters.
Who your mates are and politics matter more, it seems.
ETA: might make a thread, as typing this out has spurned me into action.
Edited by 8400rpm on Friday 9th July 11:54
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