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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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hi i have been in my current position for 6 years (3 years

Resolved Question:

hi
i have been in my current position for 6 years (3 years employed through an agency and the last three years directly by my employer).
Two years ago i was given a promotion after my supervisor became ill and left. i was never given a new contract to sign but i have been recieving some additional duties pay.
Approximately 18months ago myself and the team I supervise put in for our jobs to be regraded after a discussion with our management team. we submitted the paper work but didn't hear anything back. i quried it and my manager asked for a meeting.
I was informed that the position i am now in is actually already classed as a grade 6 with the HR department not the grade 5 i am being paid. The HR team would not allow the regrade until the position was filled officially as they stated that a position can not be filled by a member of staff acting up for a lengthy period of time. The problem with this was that in order to fill the position officially it needed to be advertised through redeployment first, meaning i would not be able to apply for it. I am told that there are a number of suitable candidates on the list that would be given the position…meaning i would lose my job as my "official position" has been removed as a money saving exercise.
My manager basically said "stay as you are and keep your job or push for more money and loose it" i didn't really have an option. Also i have two members of staff that work under me, they were told the same…that they couldn't have a regrade until my position was regraded.
They agreed that they would wait until the situation was resolved. however now 18 months later they have decided they want to persue a regrade despite what we have been told. They have gone to the union for advise as they don't want to get "fobbed off" by our management team.
I have joined the union however they have said that i have to wait a month before i can gain any advise.
If my team push for the regrade can my employer force for my position to be filled officially by redeployment even though i have been doing the job for 2 years?
Thanks, ***** ***** you can give would be greatly appreciated.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. have you raised a formal grievance about this?

Customer:

No not yet we have a meeting with the management team about it on Monday next week. I wanted to know where i stand for the meeting. I don't want them to lead me on again

taratill :

What have they said will happen to you in the event they go ahead and you are not allowed to apply for the role?

Customer:

they haven't elaborated. however if it goes to redeployment i won't be able to apply. i expect i would then be put on the redeployment list

Customer:

once my psition is filled

Customer:

was told if it went to redeployment i would loose my job

taratill :

sorry for the delay in getting back to you. To be clear is the job that you have been doing going to change in any way, other than being given a new pay scale?

Customer:

No the job it's self won't change we have just requested more money due to the type of duties we are carrying out. people with similar positions in different departments are receiving a much higher pay grade than us. We spoke to the management and they agreed we deserved more money so we submitted the paper work to HR nd it was then that they told us about the issues with redeployment and filling my position officially. had it not been for these issues we would have been awarded the regrade.

Customer:

No worries about the delay. Thank you for getting back to me.

taratill :

Hi if the employer does this then you have grounds to resign and claim constructive dismissal. If the role you do still exists, subject to a regrade your employer has no right to require you to go on to a redeployment register. This would only apply in the event that the role you were doing is redundant. The fact that they will not allow you to either continue in the new role on the new salary or apply for the new role on the new salary amounts to a breach of trust and confidence. Were you to be dismissed as a result of this it would amount to unfair dsmissal.

taratill :

I would suggest you write a strongly worded email to ask on what legal basis do they think they have a right to remove you from your role? You should state that you have taken advice that it amounts to a breach of trust and confidence and that if you are dismissed as a result or forced to resign you will have a good claim of unfair dismissal. Hopefully they will then realise that their proposals are unsound.

taratill :

If you have any further questions please do ask. 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:

That's great thank you for your help with this matter.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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