I'm 52 and have worked as a graphic designer for 4 and half years in a major Fire and Security company. They informed me recently that my existing job spec is to be be 'upgraded' to include additional functionality in areas which I don't at present have the requisite skill set, as a result of this I was told I will have to reapply for the job in its new form. Its seems academic that I would be deemed suitable for the role if I did apply, as they want someone with these skills in place already. I'd like to add that at this early stage no mention of retraining for the additional skills required has been offered to me by the company either, consequently I feel the whole process is in fact a stitch up and what they really want to do is employ somebody on a much lower salary but are using this device to oust me. Are they within their rights and how should I fight for mine?
Province/Country relating to question: United Kingdom
Nothing as yet
This potentially sounds like a redundancy under a different name. If there is a reduction in the requirement within the business for someone to carry out work of that particluar kind then this is a redundancy situation and you should be consulted as such. If made redundant you would be entitled to a statutory redundancy payment. If as suspected this is not a genuine redundancy situation then if dismissed you could bring a unfair dismissal claim.Another issue is that by adding to your duties extensively your employer is effectively altering your contract of employment. Any alteration of terms should be agreed with an employee first. To unilaterally alter your terms (i.e. to do so without consent) is potentially a breach of contract.To clarify matters you may wish to raise a formal grievance stating that you are unhappy/confused by the current proposals. I think you may wish to ask if the company consider this to be a redundancy of your current role or simply an alteration of contract (expansion of job description) and ask why you are being forced to reapply for your role. You may wish to state that you are happy to discuss extra functionality along with their proposals for retraining and support in acheiving the level they require.The whole situation sounds a little bizarre and I think you need written confirmation of what their intentions are to protect you if the matter escalates.
Law Degree, LPC and Qualification as a Solicitor
Thanks for your response. I will be receiving some written material from the company along with a complete spec of the new role early next week, this will be considered as the the first phase of the consultation period. I will be invited to comment on this and they have said that they would actively seek to redeploy me in another company owned by the parent corporation, this is probably lip service as I would have no way of knowing whether they have done this or not, so I'm not taking this aspect seriously at the moment. Would I be allowed to send you documentation etc relating to these developments as and when it comes along?Thanks again
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