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michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6541
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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My organisation that I have worked for for 6 year is going

Customer Question

My organisation that I have worked for for 6 year is going throught Reorganisation and Restructuring. Some of the managers were directly assimilated into their posts but the Dept ha subjected other managers into rigorous assessment and interviews for their jobs. The director has re-written the Jobe disription and claimed that the new position s are diffrent to the current ones. staffs are being job matched follwing some paper exercises to %s.
I have appealed against the job matche becsue it is unfair and does not reflect the tasks that I have been doping since employed. The director trid to bully me into undertaking the processes of interviews and tests but I refused because I believe it is not fair as some others have been directly assimilated.
The outcome of my appeal against the Job Matche was an addititonal of 2%, I was promised the full report to state how they arrived at 2% more but I have not been provided the full report to date.

My concerns: The staff including myself have been sujected to rigorous process for thesame job thaT i HAVE BEEN DOING FOR 6 YEARS AND NOT capabilitiy issue.
The unfairness process as other managers were assimilated without any teasts or interviews
The process is thesam for the external candidate
I was not considered on the basiss of my expereince ,skills and knowledge
I was not provided with full report on the appeal outcome.
I have actyed up in a higher position for 18 months hence I should have been assimilated into my substiative post which is lower that what iam doing now without going through any teast or interview
Submitted: 3 years ago.
Category: Employment Law
Expert:  michael holly replied 3 years ago.

Does the 2% addition make any difference or do you still have to go through interview etc?

How many others are going through the same procedure?

Yours sincerely

Customer: replied 3 years ago.

Thanks for your response. The 2% does not make any difference becuase I need 80% to make any difference. I could get 80% if they are fair in their match. Anopther thing is they are practically forcing me to go for the teas without providing me with the full report on my appeal and how they arrived at the 2% addition. Now they wrote to me telling they have matched me again to a Consultant Practtioner's job which is a job of ordinary social worker though I was emplyed in the organisation as a Manager in 2007, I feel this is ans insult to me.


I have been acting up since at a higher post since July 2011, they did not consider this in th job match. What is my chance ?

Customer: replied 3 years ago.


I have sent you more information and I am waiting fro the reply

Customer: replied 3 years ago.


Many others as they are not confidence enoght to challenge and afraid for their jobs.


Thanks

Expert:  michael holly replied 3 years ago.

Dear Moji

Thank you for the additional information.

The courts will rarely interfere with the internal processes and procedures of a company unless they are not applied to everyone or they infringe the law such as they are racist.

A rule can be harsh but that will be ok if it is applied to everyone.Here you feel that your are being singled out and given unfavourable treatment. Your employers are not exactly helping themselves by failing to supply any kind of ratonal explanation.Your appeal has been considered but produced only a marginal change and no explanation.

If the rules are not evenly applied then this is grounds for you to leave and claim unfair (constructive) dismissal.The only question is really over the timing, suppose you do agree to be interviewed etc and get the job. The employment tribunal could regard you leaving now as jumping the gun.What I would be inclined to do is mention that you believe that you have grounds for constructive dismissal at this stage but see through the process.I suspect if you do the employers are likely to provide you with more grounds for an application to the tribunal anyway.

I hope this helps. If there are any further points please reply

Best wishes

Yours sincerely

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