Found out today that after 25 years developing and building a technical career in an IT role, I am now going to be a warehouse manager… and if I don’t like it then I should leave!
Please if anybody is a employment lawyer, etc, and they can they give me some advice it would be appreciated.
TIA
My ex was an HR Manager and has been into bat for many people including family & friends. She wouldn’t be able to help but I know a couple of HR independents who do this sort of thing, but it would be on a fee basis. Can you afford to pay? Are you in a union? Some home insurance offers legal cover which can extend to employment issues.
I’m sure there’s a much bigger story than the couple of lines you’ve written. A case would be based on whether there had been a consultation process, are others implicated in the action or have you been singled out? Is there discrimination? Is your MS a factor? Are they trying to constructively dismiss you? Is it unfair? Have you been offered a redundancy package?
No consultation whatsoever, found out from a member of staff earlier that my role was changing. (The whole business seem to know, except me.) Don’t know exact details of the change as I’m currently off work sick and my manager not answering my calls. Same member of staff also said earlier that he was going to call HR and get my current “managerial” responsibilities moved over to him and to “take care and look after myself”.
Just to add to this. I have had work related issues before with same employer. Those issues were “dealt with” in an unofficial/ non formal manner by member of HR team. (Wish I went the formal route now!) Things have been ticking along just fine until recent appointment of new manager and business re-organisation. There are/ (were) two of us who shared the same job title, my counterpart was the person I spoke to earlier. I’m guessing, it’s only a redundancy or constructive dismissal route which I can really follow now.
Would this be of any use?
MS legal advice service | Multiple Sclerosis Society UK (mssociety.org.uk)
Thanks whammel I will contact them for advice
If there were any notes, conversations or correspondence (including internal email) for previous issues, they are official and can be referenced subsequently by either side. Keep a diary of every issue, incident or comment from now on and backtrack on all that you can remember or can verify.
It’s a judgement call for you to make. If you are convinced that they are trying to push you out, you either need to get them to make you a redundancy offer or to push you out: You can’t make a claim for unfair dismissal until you are actually dismissed. Ideally, get them to write you a compromise agreement and a big cheque and find an employer more appreciative.
If they’re not trying to dismiss you, fight your corner and bring in the artillery. With 2 people with the same title there HAS to be a consultation process with minuted interviews with all at-risk employees. If this hasn’t been observed, they are already in breach. With a new manager who perhaps is not competent or observing of HR processes, mistakes can be made.
Do you believe they are trying to reassign you because of your MS? If so, you need an Occupational Health assessment so that they are accurately working to your capabilities rather than making prejudicial assumptions.
To reassign you they would have to demonstrate business necessity / hardship and to prove that the new role was an acceptable use of your skills, qualifications and experience. Or are they just trying to find a way of paying you less or making a derogatory offer that you couldn’t possibly accept. The latter would be constructive dismissal.
Get a professional advisor on board. You may find that in your staff handbook they may be obliged to pay for an independent advisor to help you. Worth checking.