How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have worked employor 25 years and about 10

Resolved Question:

I have worked for an employor for over 25 years and about 10 years ago i moved to a diffrent section of the organisation as my substantif role. My previous role i kept up to date and regularly get called back to do my previous role in times of need for long periods of time usaully 8 to 19 months at a time. and are kept up to date training wise re my previous role. Now the role is being withdrawn and 2 new roles to accomadate even thou it is stated the 2 new roles are over 70% diffrent all the people doing my previous role were sloted into either of the two new roles without any training before the roles go live. I have been told that I do not have any rights at all with this role disapearing and will not be given any rights at all and the role i am trained in is going and that is the end of it.
MY question is do i have any rights as i realise this is not my substantif role but cant believe that when it suits the employere i am able to do the role for large amounts of time but now have no rights?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Were you going back to do that role voluntarily or were you able to refuse to help out if asked?
Customer: replied 1 year ago.

Its a bit grey I was always asked and could of refused if i wanted to. But saying that buletins were put out that all people who were trained where to make themself available for the role. If that makes sence

Customer: replied 1 year ago.

Just to make it clearer i am in a pool for the previous role and there is a pool for the 2 new roles

Expert:  Ben Jones replied 1 year ago.
OK so what do you believe the employer should have done here to 'give you rights' - what do you think they are doing wrong by removing a role and replacing it with other positions?
Customer: replied 1 year ago.

I feel as the substantive people automatically got one of the substantive posts I feel I should automatically go from the pool to the pool of the new jobs. Please note even thou in a pool we are expected to do and be up to the same level as the substantive people

Expert:  Ben Jones replied 1 year ago.
If this was not your substantive post and not the job you were contracted to do then you cannot expect to be treated in the same way as those who do that job as their substantive post or permanently. You appear to be doing it on an as and when basis and clearly you have another post which is your substantive one. So you are not being made redundant from your main role because if that was the case then you would be treated in the same way as the people who are currently losing their main roles. You are instead facing a situation where a role that you only do from time to time is being made redundant and as you still have a substantive post you could just return to that and keep it without having your work in the other job affected. That is why you would not be treated in the same way as those who do that job on a permanent basis. So the employer could still try and offer you something else to do instead of the job which is going but it does not mean you will automatically be matched to something else.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you