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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Question for Ben: Hello, I had consultation with my employer

Customer Question

Question for Ben:
Hello, I had consultation with my employer and got the feeling that they are ganged up trying to squeeze me out--In the new structure, there is only one G7 role which matches my current grade. I said I should be offered it. They said I have to apply as there are significant changes between my current role and the new role therefore, even I have maternity rights I have to apply with anybody else ( Is it true?). I have been adviser/team leader of student support team since 2007. In 2011, my team split in two area, I focus on advisory and the other half focusing on support service. My employer has never changed my job description and there's no PDR ever since to reflect all changes. The new role is team leader of student support service (not even much change in name) I questioned what are the changes, they said in my previous job spec there isn't management duty and some compliance and engagement duty. I said the JD 2007 is out of date, however, all my responsibilities are covered by my PDR between 2008 and 2012 in which clearly showed I have management duty and doing significant amount of compliance work. HR said they will go back and check my file. 10 minutes later, they turned up to say they can't find my PDR documents! I said they can go to check with my previous manager and his PA as they keep both hard copies and electronic copies. They said they will. The consultation period ends on 5 June then all job will be advertised. If they refuse to offer it to me, shall I re apply? My feeling is even I re apply, they may not offer it to me otherwise they won't mess me about. I am ready to go through grievance. I understand they will have to offer me suitable job to match my current role. Is it HRs decision to say how similar/suitable the job is to me? I need someone unbiased in the process, who should I go to? I want my job back, what is the best way forward?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello again, just to confirm you are on maternity leave now and this new job is a potential opportunity for when you return from ML?

Customer: Yes. I've been informed my current role is at risk and I have to apply a new job under the new structure.
Customer: My maternity leave should end 30 May. I have booked annual leave so I don't need to return back until mid August.
Ben Jones :

If a redundancy situation arises during your maternity leave and the employer cannot employ you under your existing contract, you are entitled to be offered a suitable alternative vacancy (where one is available) to start immediately after your existing contract ends.


 


The new contract offered must be such that:



  • The work to be done is both suitable and appropriate for you to do in the circumstances

  • The capacity and place in which you are to be employed, and the other terms and conditions of your employment, are not substantially less favourable to you than if you had continued to be employed in your old job


 


This effectively means that you get priority over any other employees at risk and the employer must actually be offered the job before they are considered for it. Your old job may no longer exist but the employer has to consider anything else that is available and offer it to you first, meaning you have first refusal over it and only then can they consider others for it too.


 


You can certainly go through the grievance procedure if it does not appear you are getting anywhere with the current attempts of trying to resolve this. You cannot choose who deals with it and whilst the initial grievance may be dealt with by your manager or someone currently involved in the process, you can appeal the decision and that should then go to someone more neutral for a second opinion.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
In that case,am I right to think what my employer has done is unlawful as they try to push me into selection?Ben, you are really good. In case this may go to tribunal , can I construct you to be my representative ? How much will you charge?
Expert:  Ben Jones replied 3 years ago.
if you mean that they are trying to place you head to head with others over your selection for the job then yes, you have the right to be offered this in priority to others.

A good summary can be found here:

http://www.personneltoday.com/hr/legal-opinion-redundancy-and-maternity-leave/