Ive been working at my current job for 18 months now, I think there going to finish me because somebody else is taking over the role i do now, they have offered me another position within the company but its the shittest job going and i dont want to do it.
2006-09-06 23:10:57 · 20 answers · asked by Blade 3 in Politics & Government ➔ Law & Ethics
It feels like there trying to force me out, kinda like jump before your pushed
2006-09-06 23:17:05 · update #1
i live in the uk
2006-09-06 23:17:43 · update #2
When you commenced your employment with this particular company - you were hired to do a specific job - that became your job designation and I presume that you were issued with a copy of the written terms and conditions of that employment.
In those written terms and conditions does it permit the employer to transfer you from one particular job to another??? - I would suspect that there is what is called a 'mobility' clause which would allow your employer to (to an extent) transfer your employment to another job within the organisation.
If by so doing, your employer reduces the chances of your further advancement, or reduces your salary or any other condition contained within your written terms and conditions of employment then perhaps you may have a case for 'Unfair (Constructive) Dismissal. This however is not that easy to prove - the leading case on the subject being Western Excavation Co Ltd -v- Sharp wherein Lord Denning determined that Constructive Dismissal is a contractual test and the "Employer must be in fundamental breach of a term or condition of the contract which goes to the very root of that contract".
You clearly need a lot more expert advice and should contact either the nearest Law Centre or Citizens Advice Bureau.
I am also willing to assist in an advisory capacity and perhaps legal resource - contact me: - geoff.chaplin@btinternet.com
2006-09-06 23:56:19 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No, they can;t just "sack you"
But, they are not sacking you.
If you can prove that they are offering you the new role knowing you won't take it, or knowing its at a much reduced pay/responsiblity then you might have a go with Constructive Dismissle
They can't claim redundancy if the role is still being done as it stands, if its merged with the other persons role then they can claim your role is redundant.
This often happen si n small companies, if thats you, then maybe talk to Citizens advice, or better still, have a word with your car/house insurance - they often include free access to solicitors ( not just for claims - for anything you like )
2006-09-06 23:20:06 · answer #2 · answered by Michael H 7 · 0⤊ 0⤋
Then your employer isn't sacking you !He's just moving you into another area of the company, and unless it has been stated in your contract that he cannot move you from your department then there is nothing that you can do!
Maybe you need to look at why your role within the company has been replaced!
It may also be that your employer wants to get rid of you but has no legal reason for doing it, therefore is pushing you into resighning, unfortunatly some people are chicken **** bastards for that, but there is nothing you can do to stop it!
Good luck
2006-09-06 23:20:55 · answer #3 · answered by GeorgieP 4 · 1⤊ 0⤋
technically they haven't sacked you, you say they offered you another job, but you are the 1 thats not happy with the job they are offering, so in answer to your question there's nothing you can do if you leave the job on your own accord, plus you have worked for the company less than 2 yrs so you have minimal rights (assuming you live in the uk) in my opinion you should take the job they are offering but also look for another job elsewhere
2006-09-06 23:25:00 · answer #4 · answered by janine 2 · 0⤊ 0⤋
I seriously doubt that your employer is going to sack you for no reason. You must have not been doing the work your job requires. You have a choice...take the job offered or start hunting for a new job.
2006-09-06 23:21:22 · answer #5 · answered by Blue 6 · 0⤊ 0⤋
It would depend very much on your contract and individual circumstances. But if someone is taking over the job you currently do, and you have not had performance issues, then it certainly doesn't sound on.
Either way, don't waste a moment more and get yourself down to the Citizen's Advice Bureau, who can advise on matter like this.
2006-09-06 23:19:12 · answer #6 · answered by randomaniac.co.uk 1 · 0⤊ 0⤋
It depends on whether you are employed by the company or on a temp contract. If you are on a temp contract through an agency they can finish you at any time. If you are on a temp contract through the company they can choose not to renew it. If you are on a permanent contract they may offer you redeployment such as what it sounds like they have done and possibly can use that in their defense by stating they offered you another position.
Read your contract through and seek advice from your HR department if necessary.
2006-09-06 23:43:04 · answer #7 · answered by illstealyourthunder 3 · 0⤊ 0⤋
they have to offer you redundancy if the job is nolonger available unless the new job they are offering you as the same "job description" and tasks within 50% of your current role. If the job is available as it seems to be within your question then thy cant just sack you, you will hav rights of employment. GO to the citizens advice in your local area
2006-09-06 23:18:39 · answer #8 · answered by hairyhaggis_uk 2 · 0⤊ 0⤋
nope you cant be fired for no reason. The fact that they have offered you a job that you're not willing to accept does kinda put a sway on it when it comes to going through a union though.
however - you cant be fired unless you get 3 verbal warnings and 2 written - after that you're out
2006-09-06 23:29:20 · answer #9 · answered by Anonymous · 0⤊ 0⤋
This sounds like constructive dismissal and is not allowed. If you have a trade union get in touch with them or contact a solicitor. If it goes ahead and you have to leave your job the you may need to go to an industrial tribunal.
2006-09-06 23:27:08 · answer #10 · answered by migelito 5 · 0⤊ 0⤋