My current job has been offered to a colleague

[drfonz]

Dear all,

The situation at work has been unstable lately to say the least. The owner has dismissed the CEO, and there have been sweeping organisational changes in a very short time frame. The team I lead has suffered with the change, as the environment has become extremely stressful and the team is thoroughly demoralised.

Today one of my team members (my No. 2) resigned because of the situation. My team member was called in by my boss, HR and the owner and literally harassed for over an hour into not going. As part of their strategy they have offered him my position as team leader, mentioning to him (and requiring his confidentiality) that the plan was to "replace me" as I don't fit the new style.

My colleague asked for a few days to think about it, and came immediately to tell me, as his loyalty is to the team and he feels what the company is trying to do is highly immoral.

My question is, what is my legal standing, when my job is being offered to another member of staff and yet nothing has been officially (or otherwise) been mentioned to me? I have received neither informal or formal warnings ever whilst at this company. I feel my position in the company has been made untenable and I find it difficult to be able to do my job effectively.

Any help would be greatly appreciated!

Regards,
drfonz

[enquirer]

Re: My current job has been offered to a colleague

Assuming that the job description remains the same when the other person takes over, it will be impossible for them to claim that you are redundant. Watch out for bogus disciplinaries designed to railroad you out the door.

[MIKE770]

Re: My current job has been offered to a colleague

Assuming that the job description remains the same when the other person takes over, it will be impossible for them to claim that you are redundant. Watch out for bogus disciplinaries designed to railroad you out the door.

Sounds Familiar from the 80s!

[CleverClogs]

Re: My current job has been offered to a colleague

Might The Fonz claim constructive dismissal?

[charitynjw]

Re: My current job has been offered to a colleague

Might The Fonz claim constructive dismissal?

Possibly, as any act by the employer which is calculated or likely to damage the implied duty of trust will suffice.

However, constructive unfair dismissal has a notoriously low chance of success at Employment Tribunal. (About 3%, I believe).

&, of course, we do not yet know whether the OP has the required qualifying period of continuous employment.

[drfonz]

Re: My current job has been offered to a colleague

I've been employed there for well over three years if that helps. I am now quite disheartened to do my job as I know their intention is to get rid of me. Would I be better off walking away? It just feels like they'd be getting away with what they want. But conversely, I don't want to work for an employer who would use such tactics on their staff!

[charitynjw]

Re: My current job has been offered to a colleague

Hi drfonz (& btw, welcome to Legal Beagles),

It helps a great deal.

Provided that you have a contract of service (normally employed) as opposed to a contract for services (ie self-employed), you have full employment rights & if applicable you are eligible for redundancy payment.
If it were me, I would be be gathering evidence to use when necessary; I don't think I'd just walk away at the moment.
However, that decision is of course for you to make.
While you are in a position to do so, though, try & obtain copies of any company disciplinary/grievance procedures & redundancy information.

[enquirer]

Re: My current job has been offered to a colleague

I am now quite disheartened to do my job as I know their intention is to get rid of me. Would I be better off walking away? [...] But conversely, I don't want to work for an employer who would use such tactics on their staff!

It's unfortunate, but it seems that you have answered your own question.

Now may be the time to cut a deal. Offer to leave, but insist on severance pay and a first class reference. Give them to understand that you know what's going on, and that if they try to railroad you, you will cause no end of trouble.

[drfonz]

Re: My current job has been offered to a colleague

Thanks for the welcome! I'm finding the forum incredibly useful and reassuring

And yes, I am a full employee of the company (not self employed).

Some people are suggesting to confront HR and reveal that I know what they have done in order to negotiate a way out. Is this advisable? Or would it weaken my position?

Kind regards,
drfonz

[drfonz]

Re: My current job has been offered to a colleague

Thanks enquirer!

It looks like your advise coincides with what some close friends are suggesting I do.

I have never had to negotiate severance pay before. This is all alien to me, and that alone makes it the harder as I have never in my career been put in such an unsustainable position.

Regards
drfonz

[charitynjw]

Re: My current job has been offered to a colleague

Interesting to see how others approach the problem.

Whatever you decide, it's good to know that you are in the 'driving seat'