Job Changes: Where do I Stand?

[maroon5]

I'm not sure where to post this, but I'm after a little advice:

The company I work for is always going through lots of changes, and this time it seems to affect me…

They are combining several areas together – but splitting them again into different ‘skilled’ groups. I find that I have been lumped in a group doing stuff that I don’t do in my current job, and more importantly have no desire to do – and yet my job title stays the same.

The thing that irks me the most is that it hasn’t even been discussed with me. My ‘current’ boss (until the changes take effect) has had the pleasure of letting me know the changes – but obviously doesn’t know exactly what I will be doing. I have yet to be introduced to my new boss, and I’ve expressed my unhappiness to the current one – but to no avail.

Is there any more that I can do? Can they really change my job this much without even discussing it with me first?

[Eric Mc]

Yes.

Unless it is so outside your skills set, training experience or knowledge, then you might want to resign and claim "constructive dismissal".

I would give the changes a go and see how you get on. You might find you like your job even more.

[Jasper Gilder]

To win a constructive dismissal case you would have to show that the employer had made a unilateral change to your terms and conditions which goes to the heart of the contract. The employer can put up a defence of 'legitimate business re-organisation'so I wouldn't get too excited. See what th efuture brings and if you don't like things then devote your time to finding a better job at your leisure, rather than walking out on your monthly pay cheque

[V8 EOL]

...you would also have to put your grievance in writing before you left or started the case.

[srebbe64]

maroon5 said:

I'm not sure where to post this, but I'm after a little advice:

The company I work for is always going through lots of changes, and this time it seems to affect me…

They are combining several areas together – but splitting them again into different ‘skilled’ groups. I find that I have been lumped in a group doing stuff that I don’t do in my current job, and more importantly have no desire to do – and yet my job title stays the same.

The thing that irks me the most is that it hasn’t even been discussed with me. My ‘current’ boss (until the changes take effect) has had the pleasure of letting me know the changes – but obviously doesn’t know exactly what I will be doing. I have yet to be introduced to my new boss, and I’ve expressed my unhappiness to the current one – but to no avail.

Is there any more that I can do? Can they really change my job this much without even discussing it with me first?

I'd be guided by the company's grievance procedure. Go by the book, and if there is a case for constructive dismissal at a later date then it's all been well documented.

[mogul]

V8 EOL said:

...you would also have to put your grievance in writing before you left or started the case.

I think you'll find you're wrong here.

You can leave and then start proceedings. The company will then have to defend as necessary ultimately either ending in a tribunal or an agreed settlement.

The law here is an ass and heavily biased towards the employee. Employees can claim constructive dismissal even if they've NEVER made a representation to their manager/boss/owner etc prior to leaving. As an employee you can even make up a claim on the basis that you would like to leave and get some extra dosh rather than simply moving on.

I know this from experience. An employee having worked for me for over two years was having a rough time financially at home and decided to make up a claim. It cost me several thousand pound in solicitors bills to reach a settlement, even though I was in the right with witness statements from other existing and old employees to suggest she was simply fabricating stories for financial gain.

Edited by mogul on Saturday 10th February 19:37

Edited by mogul on Saturday 10th February 19:40

[thepeoplespal]

Well from the course I've been attending recently into recent employment law changes, it is much better to exhaust the company procedures first, before going to a tribunal.

[mogul]

thepeoplespal said:

Well from the course I've been attending recently into recent employment law changes, it is much better to exhaust the company procedures first, before going to a tribunal.

I totally agree with you as an employer.

Unfortunately not everybody seems to go down this route and should they choose employees can make a fuss even after you've left the company (providing they've been in employment for 1 year and 1 day)

We have very comprehensive employment contracts but that made no difference...

[Jasper Gilder]

Peoplespal is right - the new regulations that came in a couple of years ago mean that if the employee has run straight to tribunal they don't get an easy ride any more

[V8 EOL]

mogul said:

V8 EOL said:

...you would also have to put your grievance in writing before you left or started the case.

I think you'll find you're wrong here.You can leave and then start proceedings. The company will then have to defend as necessary ultimately either ending in a tribunal or an agreed settlement.

Yes they can make a case but the recent changes in rules from the DTI suggest cases should only go to tribunal if a grievance procedure has been followed. There is an exception if the employee is being bullied or victimised, but that is it.

See this link

[mogul]

V8 EOL said:

mogul said:

V8 EOL said:

...you would also have to put your grievance in writing before you left or started the case.

I think you'll find you're wrong here.You can leave and then start proceedings. The company will then have to defend as necessary ultimately either ending in a tribunal or an agreed settlement.

Yes they can make a case but the recent changes in rules from the DTI suggest cases should only go to tribunal if a grievance procedure has been followed. There is an exception if the employee is being bullied or victimised, but that is it.

See this link

Again an interesting link, but either I was given duff advice or as I understand it the following can still happen:

An employee can leave today, having never made a representation to 'the company' about a grievance. Write a letter of complaint tomorrow suggesting they are claiming constructive dismissal or something similar and will take 'the company' to a tribunal unless he is given funds to compensate whatever grievance he is suggesting happened.

The company has no choice but to defend through the proper channels, which initially involve mediation meetings between employer and employee following a set code of conduct. In a very small company this just doesn't work as you have to be careful meetings aren't perceived as being one sided (essentially you have to hear both sides of the story and make an informed decision).

So assuming you can't have a meeting to resolve the matter you then have to get solicitors involved and eventually reach a settlement.

Regardless of the fact 'the company' maybe in the right if you decide to ignore the letter of complaint claiming constructive dismissal or whatever the grievance is you will then very likely end up at a tribunal and the judge will automatically be in favour of the employee. You are then possibly talking about rather larger sums than you would like to part with (aside from the lawyers bills!).

All because you did nothing wrong and the law is an arse!

[bga]

V8 EOL said:

mogul said:

V8 EOL said:

...you would also have to put your grievance in writing before you left or started the case.

I think you'll find you're wrong here.You can leave and then start proceedings. The company will then have to defend as necessary ultimately either ending in a tribunal or an agreed settlement.

Yes they can make a case but the recent changes in rules from the DTI suggest cases should only go to tribunal if a grievance procedure has been followed. There is an exception if the employee is being bullied or victimised, but that is it.

See this link

My missus does loads of grievance stuff for a large accountancy firm & V8 EOL is right. If an employee doesn't follow the correct internal channels then they have a greatly diminished chance of even getting to tribunal. Once at tribunal there is typically a 50% success rate for the employee so it's not cut and dried by any means.

[mogul]

bga said:

V8 EOL said:

mogul said:

V8 EOL said:

...you would also have to put your grievance in writing before you left or started the case.

I think you'll find you're wrong here.You can leave and then start proceedings. The company will then have to defend as necessary ultimately either ending in a tribunal or an agreed settlement.

Yes they can make a case but the recent changes in rules from the DTI suggest cases should only go to tribunal if a grievance procedure has been followed. There is an exception if the employee is being bullied or victimised, but that is it.

See this link

My missus does loads of grievance stuff for a large accountancy firm & V8 EOL is right. If an employee doesn't follow the correct internal channels then they have a greatly diminished chance of even getting to tribunal. Once at tribunal there is typically a 50% success rate for the employee so it's not cut and dried by any means.

Thanks for that and should it happen again I'll bear that in mind (and be in touch)

[bga]

No problem mate, it's a bit of a minefield. Luckily the regs changed (in 2004 IIRC) to make sure that there is onus on both parties demonstrate the appropriate amount of diligence before pursuing the legal route.