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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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My manager went sick now someone else is getting the promoti

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My reverse logistics manager went sick July 2013. I was asked to cover in her absence (currently job title is team leader) and that i would be rewarded and have recognition which was said by the head of ops. I was doing mine and her job. They got rid of her in December 2013. I kept asking and complained about my workload etc, I even gave a comparison list to the head of ops. I was doing a manager job but without the job title or pay.I haven't had a manager till present. I got told on Friday that I will be getting this woman who coming back from maternity leave and she would be my reverse logistics manager. The reverse logistics job has not been advertised and I have to train her. She went on maternity leave 9 months ago and her job goods in manager was only advertise external, and no one in the distrubution centre could applied as it was for maternity cover only and the reason they said that the job was never going to become permanent. Anyway the the bloke who did her job (goods in manager) is now getting made permanent.Because he has done so well and they dont want to lose him. And she is being given the reverse logistics manager job. I feel very unfairly treated and underpaid with no rewards or reconigiton and wondered if I had any equality or discrimination rights? I have become very depressed as I tend to work between 50 to 60 hours a week and am exhausted.

Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you. Have you complained about this and have you been told why you were not offered the chance to apply for either of the roles?

Customer:

Yeah I have complained to the head of ops. Currently my manager but have been told the decision have been made. They didn't advertise either position. And was thinking of putting in a greivence against my manage but not sure what grounds. The woman who is going to be my manager has no experience and they want me to train her.

Customer:

The structure that normally goes is my, head of op/it, department managers then team leaders then warehouse ops . I don't have a department manager for over a year and have been doing the job as well as my own with out any extra money or title

Customer:

Sorry that is suppose to MD

taratill :

Hi legally your employer had to give the lady returning from maternity leave a role of equivalent value, as if it failed to do so they could have faced a sex dicrimination (maternity related) claim. I do understand why you are aggrieved though as ideally she should have returned to her substantive post. It does not seem fair that you now have to train someone to do the role you have been doing for so long without any reward.

taratill :

Where you can argue the employer has failed is by making the other person permanent without offering a permanent vacacancy. You can argue that this amounts to a 'breach of trust and confidence' . I would suggest that you set this out in a formal grievance. Ultimately I am not sure what you will be able to do about it if you do not get the outcome you require. Your recourse would be to resign and claim constructive dismissal but that would involve you putting yourself out of work which is risky.

taratill :

If you have If you have any further questions please do ask. I would be happy to answer your follow on questions.

taratill :

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Do they have to advertise the positions?

taratill :

There is no legal obligation that they do so I'm afraid.

taratill :

Is there anything else you would like to know about this?

Customer:

So the best thing would be to leave and take them down the tribunal route. Do you think I have good case?

taratill :

I think that it is a risk to claim constructive dismissal if you do not have a job to go to. You need to raise a grievance first in any event.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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