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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6466
Experience:  15 years experience of advising on employment law matters
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My name is ***** *****, my company was acquired by a larger

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Hi, my name is ***** *****, my company was acquired by a larger organisation in 2015, my previous role (head of it) no longer existed in the new company however I was to be given a role similar which did not happen (supposedly service delivery for EMEA), I was given no job description and told a role had been created for me which didn't occur. I have subsequently been demoted again to another lesser role (1st line support) due to me asking for help with managing unmotivated and lazy staff and only being offered this role as a consequence. Do I have any grounds for redundancy or any other action? Thanks
Hello my name is ***** ***** I a happy to help you today. Please can you tell me how long you have worked for your employer in total?
Customer: replied 2 years ago.
10 years, this was continuous service from my previous employer
Thank you, ***** ***** now being paid less than before? Have you raised a grievance about any of this?
Customer: replied 2 years ago.
I am still employed on my old contract from previous employer, same salary from previous employer and same notice period. My salary hasn't been cut my job role has been changed twice each time lesser than my previous role coming into the new company
Customer: replied 2 years ago.
I have been to HR Twice regarding my situation the first time resulted in my demotion to my current 1st line support role. I approached he again in January this year and no response.
So have they not responded to your complaints at all?
Customer: replied 2 years ago.
No, the second time I spoke to HR I was with my current manager and I was asked for my preferred outcome which I indicated redundancy and there has been no further response. I do keep asking my manager what is happening and he has had no further response from HR
So is it the case that they do not need an IT manager?
Customer: replied 2 years ago.
I would think this is the case as the company who acquired my previous employer already had an IT management structure in place and I was put into a desktop support role, previously I managed the entire IT function.
That is quite a demotion. I would say you are in a strong position here. Under TUPE laws you were entitled to transfer on your existing terms and conditions. It is unlawful , in breach of TUPE for you to be put in a lesser role in this way. You are correct that this is akin to a redundancy situation as the need for you to perform the role has ceased or diminished, you can also say that it is unfair that you have been selected for redundancy, they ought to have carried out a selection process between you and their existing IT manager. This is clearly untenable for you. You can ask them to offer you a settlement agreement and say if they do not you will resign and claim constructive dismissal and breach of TUPE laws. If they are not good at dealing with your grievances it may be worth investing in a solicitors letter to ask them to respond, they are likely to take that more seriously. 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 as I am not otherwise paid for working on your question. Thank you and all the best.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you.
No problem all the best.