Employment Law

[Ells]

Ok, I don't want to sound like a whinger and I've had a good read through lots of questions on here none of which seem to cover what I want to know so any help would be appreciated.

I'm a Senior Secretary (nonsense title). The Company I work for has gone through several restructures over the last year (redundancies).  Sadly i've managed to survive both times!  However being one of the few people left means that they're expecting me to not only lose the responsibility of working for the Ops Director but taking a junior position working for a lot more people.  They intend on changing my job description too. 

My questions are:

- can they change my job description without my  agreement?

- if i am forced into the job and then leave, would this be considered constructive dismissal?

I am applying for other jobs (fingers crossed), gotta get outta here, they treat people like sh*t.  They've already stitched up several of my colleages.

[Hgrove]

As far as I can remember, you have the right to do work at your own level so if you are a senior pa they cannot ask you to do filing and coffee.  Employer can change your duties (but not downgrade you) but there has to be a genuine business reason i.e. they must not be trying to get rid of you, it has to be a genuine reorganisation of the business.  If they force you into a menial job and you leave it probably is constructive dismissal but a word of warning, when you prove constructive dismissal you have overcome only the first hurdle.  Next you still have to show the constructive dismissal was unfair.   I think the burden of proof is on you to show it was unfair not on the employer it was fair but I can't remember for sure.  Just be careful, constructive dismissal may be fair or unfair.   Where the employer unilaterally moves you to a menial job, they are committing a breach of trust and confidence.  Trust and confidence is an implicit term of the contract of employment and the employer has thus fundamentally breached the contract.  There are two issues:  Firstly whether the breach has taken place, Secondly, whether the breach was sufficiently material to justify the employee resigning and claiming they have been constructively dismissed and that dismissal was unfair.  It is a high risk strategy to leave and claim;  you really need to take advice from a solicitor and you need to tell him/her all the circustances.  I suggest you ask your CAB to direct you to your local law centre in the first instance.

[Hgrove]

Further to above, whilst I hope my post is helpful, I should add that I am not legally qualified to advise you which is why I recommended a solicitor or law centre. All the best.

[Ells]

Thank you Hgrove.  A tricky situation i'm sure you'll understand.  Another option is to commence the greivance procedure but a complete waste of time as my line manager can sell snow to eskimos!  He somehow manages to talk his way out of everything!

Thank you though.

[ian.miller]

Trip to the CAB, they are very helpful in this kind of thing.

[Ells]

Have spoken to the CAB, they suggested I go through the grievance procedure - not an option unfortunately.

[Miss Zippy]

Ells - you really do need to go through the internal grievance procedures first as, if you were to try and pursue a claim in an Employment Tribunal, they would want to see that you have given your employer the opportunity to address your grievance. If you decide to go through your company's internal grievance procedure, make sure you take a trusted colleague along to all meetings and that you document what is said in those meetings. When your job descriptiopn was changed, was this presented to you as being "suitable alternative employment"?  A Tribunal would look at changes in pay, work conditions and hours and status to decide whether the alternative job is "suitable". As Hgrove said, you need to seek proper advice from a solicitor specialising in employment law if you feel strongly about your situation.

[ian.miller]

And also make sure you get them to put everything to you in writing, no spoken words or anything. Then you have a body of evidence if it does all go sour.

[Ells]

You see, this is the problem, my line manager has made sure that everything i've been told has been in what he calls 'informal confidential chats' therefore not making him liable for anything he says.  What's worse is he thinks i'm being awkward and negative for not wanting to take this new position but he's backed me into a corner and leaving me no option!

[Hgrove]

Try to keep a diary.  If you have not got time to sit down and write (which he'll probably make sure you don't) - you might even use one of those audio typing thingies if you have them in your office.  If he knows you are keeping "contemporary" notes he might (perhaps) be a little more cautious.  Unfortunately employment law is biased in the employer's favour.  So if you don't go through the internal procedure first, they'll count that against you.  If you leave too soon, they'll say you did not give it a good try.  If you stay on too long, they'll say you had accepted the employer's changes and treatment of you.  So you need to stick to procedures to keep you "whiter than white".  Incidentally, as far as I know (hope Miss Zippy corrects me if I am wrong) you do not need to have actually left to initiate proceedings - but that's as far as my knowledge goes.  By the way I used to work for a company that treated people like they are treating you.  Yours wouldn't be an oilfield services company by any chance?  We are not supposed to name names here. 

[Hgrove]

On a more general level you might be interested to follow this link (hope it works).  http://www.guardian.co.uk/analysis/story/0,,1357367,00.html

It is to the Guardian newspaper 23 Nov 04; it published a summary of Prof. Sir Bob Hepple (Cambridge)'s Hamlyn lecture on European labour laws and how they will impact here.

[stoo_pid]

Three years ago, my wife was in a similar situation and to cut a long story short her company attempted to 'downgrade' by her changing her job description.  When they offered her the new position she refused to accept it and as such was made 'redundant'.

So she took them to tribunal.  She had the full backing of her union, had a lawyer with a solid track-record, had a file of evidence nearly 3 inches thick, had independent witnesses to her ill-treatment, had correctly followed the grievance procedure & had a what seemed a clear breach of employment law on more than one account.  No problem, you would think...

Well, to cut an even longer (but much more importantly, incredibly stressful) story short, my wife eventually settled out of court.  Despite being offered a fraction of what I (and the solicitor) felt my wife deserved in compensation, it was the right decision for her though because there was still a chance that the tribunal would not find in her favour.

Being right is one thing, proving it is quite another.

Best advice I can offer:

• Speak to a solicitor specialising in employment law as soon as possible
• Follow your company's internal grievance procedure to the letter
• Write everything down & keep copies of everything, no matter how trivial it may seem
• Get another job asap!

 

You really do have my sympathies - good luck!

[Ells]

Thank you everyone!  What an overwhelming response! 

I fear that the 'Company' will almost always win and wonder whether it really is worth my time and worry to take it further.  My line manager really does have me frightened to go through the greivance procedure.  Tragic.

Hgrove - It's a construction company.

[Hgrove]

Ells, I think it would be fair to say that what Stoo_pid has described is the way these things happen.  You have all my sympathy - I was once in a job (not the oilfield services company, another one) where basically my face did not fit and they just wanted me out.  I'd rather not go on about what I went through, suffice to say I left in 1997 with references and a redundancy cheque but mentally I was shot to pieces and sometimes I think I never fully recovered my peace of mind.  Concentrate on salvaging what you can, dignity, sanity, references.  Good luck.