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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47644
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Dear team, 2 years a go worked as a European Project Accountant

Customer Question

Dear team,
2 years a go worked as a European Project Accountant with my current company. However the project I worked on ceased to exist and I was part of a re-organisation where some people I worked with got made redundant but I got offered an alternative role as Payroll accountant. (something during my 8 years with the company I had never been involved in before) I objected to the role (as I didn't feel it was right for my experience) but got told it was a role that had been reserved for me and the company didn't do voluntary redundacies so at the time I felt I had no other choice than to take the role. I wasn't in a financial position to resign with no other job lined up as I was just separated with 2 young children. The company then made a major aquistion and 'payroll' role was involved in parts of the aquistion as people transitioned into the comapny so during the transition the majority of employees involced were blocked from applying for other roles. 2 years on I have now been trying to apply for other jobs within the company and it has become evident that I am now judged on my current role, which didn't require the same skill set and competencies as the roles I had previously had with the company. In fact in my latest interview the feedback I had was that even though my CV is really good, and the examples to highlight my competencies for the role had been good, it wasn't felt I was right for the role. Mostly due to the career move I had been forced to into had made the recruiting director doubt my skill set. I have always had good feed back in all my roles with the company so far, and even though I felt that the change of roles wasn't justified at the time Im now fearing it's really damaged by reputation and my future career as I think people will make assumptions that I didn't deliever to a high standard in previous roles. My current line manager is supporting me in this view. Is there anything I can do? Can I retrospectively revisit the redundancy question from 2 years ago to make them offer me a reduandcy package or and can I claim any compensation for damages to my reputation? If there is any chance of any above I would like to pursuit. If you have any questions - let me know...
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me did your original role cease to operate and what alternative were you given if you did not accept the role offered.

JACUSTOMER-x1wzes1u- :

Yes, my original role ceased to exist.

Ben Jones :

Hello one more question are you employed under UK law.

JACUSTOMER-x1wzes1u- :

I didn't feel there was an alternative. I was told 'this was my home role' even though I had no previous experience

JACUSTOMER-x1wzes1u- :

yes under UK law

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

JACUSTOMER-x1wzes1u- :

Ok, thank you

Ben Jones :

Many thanks for your patience. It would unfortunately be too late to revisit the redundancy situation which you faced two years ago. If you disagreed with what happened at the time, then that should have been challenged there and then, or within a reasonable period thereafter, but two years is way too long to challenge it now. At the time you could have argued that the role you were offered was not a suitable alternative position, which would have entitled you to reject it and ask for redundancy (regardless of whether the employer offered voluntary redundancies or not). However, by taking the role up and remaining in it for the past 2 years you have basically accepted it and have indicated to the employer that you are happy to continue in it.

Whilst the employer may have told you there was no other alternative you did have rights to reject it if you did not believe it was suitable but that would have been for you to determine and to obtain legal advice on at the time, if you just accepted it then you have now removed any rights you may have had at the time.

Your only options now are twofold:

  • One is to raise this formally with the employer, through raising a formal grievance. This will be investigated and a formal response issued, which you can appeal if you are unhappy with

  • If the grievance does not help then all you can do is to resign and claim constructive dismissal. However, that is a risky claim, especially as you must resign without undue delay in response to a breach by the employer. That breach would have been what they did a couple of years ago and it would be rather late to be using that as a reason to resign now, meaning that making such a claim will carry a high risk.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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