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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74357
Experience:  Qualified Solicitor
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I work as the company IT Manager and have been so for 5

Customer Question

I work as the company IT Manager and have been so for 5 years during the time the company has more than doubled in size and I am very busy, asking for help within the department at a junior level yet receiving none. The company spoke to me about hiring someone for some special projects and to also cover me whilst I was on holiday, etc.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: yes
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee, I have joined a union, but they consider it pre-existing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they have advertised for another IT Manager with the same key responsibilities but more money. I have asked them to clear up who has responsibilty for what - and it seems I am being sidelined, kept to the day to day stuff and everything new is covered by the new role
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 1 year ago.
ok - not a problem. ask away
Expert:  Ben Jones replied 1 year ago.

What would you like to ask about this?

Customer: replied 1 year ago.
I am wondering if they are allowed to advertise the same position as mine, with the same roles and responsibilites but for more money?
Also, what If i have a feeling they are trying to bring someone in to either replace or above me and then force me out
Expert:  Ben Jones replied 1 year ago.

Thank you. The first part they would be allowed to do, i.e. have someone else doing the same role as you but for more money. There is no equal pay right unless the difference in pay is gender-related.

However, you will have potential rights in the event they decide to dilute or remove your position as a result. However, if your role is potentially going to be removed, you should be placed face to face against the other person doing the same job and you should be equally considered for redundancy, with a fair and objective selection method adopted to decide who gets selected for it.

Therefore, keep an eye out on what the employer is doing with that new job and how it actually affects yours – maybe even keep notes on any changes, however minor, as they could used as evidence in the future.

Does this answer your query?

Customer: replied 1 year ago.
that helps, but I think its being diluted already, so am taking notes of all correspondence and meetings
Expert:  Ben Jones replied 1 year ago.

Ok good, if things become more obvious you can always raise a grievance to make them formally aware that you are not happy with that and that you are aware of what they are doing

Does this clarify things a bit more for you?

Customer: replied 1 year ago.
If I don't believe they are taking my concerns seriously (the HR department has not contacted me at all for example) or have ulterior motives, are there any particular downsides to raising a grievance?
Expert:  Ben Jones replied 1 year ago.

Not really and it will be useful in the e vent this is taken further, such as if you will pursue tribunal action in the future

Expert:  Ben Jones replied 1 year ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you