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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was put on consultation where I was told i would be

Resolved Question:

Hello
I was put on consultation where I was told i would be in a closed pool group of 14 people but only 10 jobs will remain. A desktop scoring was done for the jobs i could or could not be mapped into. During stage 1 we also emailed job profiles we could apply for to increase our chances of getting at least one of the jobs which we would get told in our stage 2 consultation.
I applied for a job at my grade ie level 3 where I was interviewed and delivered a presentation. I was waiting to hear from I'd been successful for any of the job in my stage 2 consultation to be told I didn't get mapped in and the level 3 role applied for had changed to a Level 2 and a Senior level 3 which I was never informed about in my interview. I feel the company has plenty of time to sort out their restructure and jobs description. If I had been aware these were senior roles I would have applied for alternative roles at my grade.
The above appears to have had a knock on effect in people who could have been placed who are now displaced which is the position I find myself in.
Are yiu able to confirm if they are allowed to do this so late in the day as part of your 2nd stage consultation?
Thanks
Nazia
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Could you reply to***@******.***
Expert:  Remus2004 replied 1 year ago.
How long have you worked there please?
Customer: replied 1 year ago.
I became a permanent member since 1st Aug 2015. But prior to that I was contracting with them for 2 years.
Thanks
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. When you ay you were contracting for them previously were you working as self employed or through an agency?
Customer: replied 1 year ago.
Morning,
I was self employed - for 2 years where I had my own limited company but was paid through the agency. Then I decided to go permanent in Aug 15.
Thanks
Expert:  Ben Jones replied 1 year ago.
Thank you. The main issue here will be your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). When I say 2 years continuous employment I mean as an employee – your previous service as self employed does not count so you have less than a year here. And when I say they do not have to follow a fair procedure that includes the redundancy procedure – whilst what they have done may appear wrong or unfair, sadly it cannot be challenged legally simply because the only way to have done so would have been through making an unfair dismissal claim if it ended up in redundancy. However, as you do not meet the minimum criteria to do so, it is just a discussion point, not something which you can formally challenge unfortunately. There is nothing topping you from raising these issues with the employer internally but that is as far as you can take them in the circumstances. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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