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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5082
Experience:  10 Years of experience in Employment Law and HR
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Im not being made redundant, im a full time employee - been

Resolved Question:

Im not being made redundant, im a full time employee - been in job for 6 years and i have been told because I have a new line manager he might decide to either keep me in present role or advertise my job. Can they legally do this?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, I am not sure I fully understand your situation are they saying you might be dismissed?
Customer: replied 1 year ago.

yes. They are currently deciding whether to keep me in my current post or actually advertise my current post publicly and invite me to apply for it.

Expert:  Jenny McKenzie replied 1 year ago.
If they advertise the post will the new post be exactly the same?
Customer: replied 1 year ago.

yes it will. I have a very specific job and will be exactly the same

Expert:  Jenny McKenzie replied 1 year ago.
They are not entitled to do that. If they dismiss you then it would be an unfair dismissal and you would have a good claim in the Employment Tribunal. If they do advertise your post you could raise a grievance that it is unlawful and amounts to a breach of trust and confidence.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Customer: replied 1 year ago.

ok, thanks. I think they know if they dismiss me they are on shaky ground and have already said they would offer me a compensation agreement.


 


Im seeing new line manager tomorrow and if he says i am going to advertise your job that he actually cannot do that from a legal point of view? Your saying if they dismiss me I can seek unfair dismissal or take a pay out but they cant advertise my job and make me reapply?

Customer: replied 1 year ago.

Sorry - that should have said compromise not compensation agreement.


 


Would you be able to calculate what they would have to offer me as far as compromise agreement? A year's salary plus ?

Expert:  Jenny McKenzie replied 1 year ago.
If your employer does advertise your job it will be evidence to support the fact that they are treating you unfairly. It is a breach of trust and confidence so you will in theory be able to resign and claim constructive dismissal.

As regards XXXXX XXXXX there is no formular really to apply. Compensation is based on economic loss subject to a duty to mitigate loss it would be unusual for more than 6 months pay to be paid.

I would be grateful if you would take the time to rate my answer as I am not otherwise compensated for my time.

Thank you and all the best.
Jenny McKenzie,
Satisfied Customers: 5082
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 5 other UK Employment Law Specialists are ready to help you

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