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Am I being unfairly treated?

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  • Am I being unfairly treated?

    Hi never posted on a forum like this so please bear with me if I get a bit long-winded

    I work for a large UK owned IT firm in a management capacity. The role has two specific sets of duties which were detailed in my contract. Due to success and company focus I was asked if I would concentrate on just one of the roles and help recruit for the other part of my job.

    After this I was sent what was described a rough Job Description and that the commission plan would follow. This was two months ago and have never received. I did not worry too much as I didn't actually think this was a job offer and I certainly never accepted it.

    I did ask for clarification about the role as I didn't feel it explained what resource, time scales, funding etc or how my performance would be measured etc. Again I received no response.

    In the meantime my company has made a job offer to another person for a job which is half of my current role. They have told my team and my suppliers I am moving into this new role which I havent been given a contract for.

    Now the first part is probably sour grapes on my part : The person who has been recruited externally for half of my job has been offered approx 60% more basic than I earn but I guess thats down to me to negotiate.

    The second part is what I'm mainly worried about. Can they not offer me a new contract, me not accept the contract they havent offered and still hire someone into part of my role whilst I'm still employed to do it? Am I being forced out or am I just being a bit delicate about this.

    I feel that I now have to accept the role because my previous role has effectively been given to someone else.

    During my 30 months at the firm I have been given a payrise, received no form of written or verbal warning over my performance and recognised for winning a Strategic FTSE100 account with a new service that I developed? This win prompted them asking me to do the new role?

    Any advice sincerely appreciated.

    Duck
    Tags: None

  • #2
    Re: Am I being unfairly treated?

    Originally posted by PekingDuck View Post
    Hi never posted on a forum like this so please bear with me if I get a bit long-winded

    I work for a large UK owned IT firm in a management capacity. The role has two specific sets of duties which were detailed in my contract. Due to success and company focus I was asked if I would concentrate on just one of the roles and help recruit for the other part of my job.

    After this I was sent what was described a rough Job Description and that the commission plan would follow. This was two months ago and have never received. I did not worry too much as I didn't actually think this was a job offer and I certainly never accepted it.

    I did ask for clarification about the role as I didn't feel it explained what resource, time scales, funding etc or how my performance would be measured etc. Again I received no response.

    In the meantime my company has made a job offer to another person for a job which is half of my current role. They have told my team and my suppliers I am moving into this new role which I havent been given a contract for.

    Now the first part is probably sour grapes on my part : The person who has been recruited externally for half of my job has been offered approx 60% more basic than I earn but I guess thats down to me to negotiate.

    The second part is what I'm mainly worried about. Can they not offer me a new contract, me not accept the contract they havent offered and still hire someone into part of my role whilst I'm still employed to do it? Am I being forced out or am I just being a bit delicate about this.

    I feel that I now have to accept the role because my previous role has effectively been given to someone else.

    During my 30 months at the firm I have been given a payrise, received no form of written or verbal warning over my performance and recognised for winning a Strategic FTSE100 account with a new service that I developed? This win prompted them asking me to do the new role?

    Any advice sincerely appreciated.

    Duck
    No you do not have to accept the role, as any changes to the duties your perform, or change of role is a variation of your contractual terms which can only be varied with your consent and agreement. Put in writing that your concerns, making clear you have not accepted nor will not accept any variation of the terms/duties you perform until the matter has been fully discussed to your satisfaction!
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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