Hi anyone help, I've look over the Internet and tried to find advice but not sure really sure about constructive dismissal
Nearly 6 months ago I was offered a promotion on a "acting or interim" bases, with a probation as a regional manager, anyway long story cut short. I have basically found out via an email sent to an engineer which I was cc in on, that my job had been offered to someone outside the company the email included all personal info an the salary offered
Can a company advertise or recurit a job even if that role is filled?
Anyone know if I have any grounds for constructive dismissal or because I'm in my probation it's back luck?
Thanks
Gumbo
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However it is usually the workforce who sort out their Trade Union arrangements, not the actual company itself.
I suspect you work in an area that isn't traditionally unionised anyway.
On a note about unions does not matter if your company does not reconise them you have the legal right to join one. Once ina union you have the right tonbe repesented by them regardless of what you company think.
I think from what you've said you were only offered the job on an interim basis, therefore the company were in their right to keep looking etc.
Unfortunately you aren't working for Roland Dutchatelet as manager of one of his football clubs. That's the only occasion in my life I've known an interim managerial role to be permanent
On the face of it I can't see any grounds for constructive dismissal.
Presumably, you will just revert to your previous role ?
Sorry about that.
Good luck @Gumbo
The probation thing is a red herring to a degree, you state that it was on an 'acting or interim' basis. You were not confirmed as permanent in the role and as such the company would quite reasonably seek to fill the role permanently with either another candidate (internal or external) or indeed yourself. As such they were perfectly within their rights to seek applications whilst you were carrying out the 'acting' role. It would seem they believe they have found a candidate they are happy to confirm as permanent and unfortunately it would appear that is not you. That isn't necessarily a negative for you, it just may be that they have found someone with significant experience who is better suited to the role. Contractually they are obliged to return you to your substantive role at the previous terms and conditions.
It may be that they have not handled the situation too well but there was never the promise of it becoming permanent. As such, your chances of resigning and then winning a unfair constructive dismissal claim are pretty remote.
The above is based on just the information you have provided and as such is not comprehensive based on all the circumstances that may exist that you haven't included.
(Obviously in a cool, calm and collected manner).
If you weren't successful, they will need to be able to justify their decision.
Best of luck.
I think it is a shame that you have met your targets and done what is required, but that hasn't been enough seemingly to make the position yours, but as it was not a permanent position to start off with, you may be unfortunate on this one.
Happy to advise but probably not the answer you were hoping for.
The last time I worked on the delivery side full time I had my supervisor tell me they wanted to see what I did every day in a half hour meeting at the end of the day. This was two weeks into me getting there as I was JUST learning the system and the team. I was informed of this via a meeting invite which didn't refer to me by name but as "the Business Analyst." So I called him straight away and was...more direct than he expected.
So, my advice would be this, give it the weekend. I don't know how you process things, but for me personally I prefer to speak to people directly and frankly if something goes wrong, BUT, that is not what is always best for the collective--the company, my future there, etc. As a good friend and mentor always tells me, make sure you check your ego and that you're not doing things purely to satisfy your ego. I say this as someone who can sometimes be a bit rash and direct in part because of my ego and insecurities.
That said, it doesn't sound like you're acting in an egotistical sense here. If you didn't pass the test they should explain to you why not, and hopefully that can be done in a constructive way. Sometimes we're put into rolls that we're not yet ready for or that aren't the right fit. My example above was one of those, as soon as I got that meeting invite it confirmed what I suspected--that job wasn't for me (it didn't help that I was working ~4am-5pm my time).
If they promoted you in an "interim" capacity, I hope they gave clear goals as to what it would take to keep that job, or at least some mentoring or teaching as to how to do that job. If not, I'd discuss that with them as well, because I think you're well within your right to say "I didn't know what success meant here" and/or "you didn't help me to be successful." it should be the job of the people "in charge" to make sure that other people succeed. That is, after all, part of what they're judged on. As an aside, it's why I blame RD far far far far more than KM, she was put in a job where she only could fail, and he has done nothing to set her up for success, even though that's his job.
I hope this makes some sort of coherent sense. It's been a very long day and I'm a bit tired. Good luck!
Don't end up losing your job over it though mate
You deserved to be treated a lot better and more honestly but managers are often fearful of conflict or giving bad news.
They should have told you upfront but didn't.
I would suggest you confirm an appointment with the manager and rather than throw a volley of complaints at them ask them to explain the situation and how they reached that decision. That should tell you far more.
It's hard but try to stay "adult" while also making it clear you feel the company hasn't acted professionally.
Unfortunately, as Bob says, legally you don't have a case. Morally, they have acted like shits.
Not a nice thing to happen to anyone, sorry to hear it happened.
I've had many nights getting wound up about conversations I'm going to have to have at work and in life in general. You find yourself playing out arguments etc
The only practical advice I can offer is to try and take the emotion out of the conversation. Try (as hard as it may seem) to be very matter of fact, remember to breathe (sounds stupid but it helps) and see if you can try and detach yourself from the moment sort of thing
That might not make a lot of sense but what I'm trying to say is you've had a relatively sleepless night and conversations that are emotionally charged aren't great
Good luck mate
Best of luck Gumbo.
You might need a sparkling reference some day.