Re interview for my own job, can they do this?

lily lou

Almost 15 months ago I took on a cleaning job in the place I work in, at the time there were 3 cleaners. One of them left in August and wasn't replaced and the other one left at the end of October and hasn't been replaced. I was never interviewed for the job (it came up and I asked about it and was given the job) and I was never given a contract. Now they are replacing the two that left and I've been told my job will be advertised too and I'll have to apply and be interviewed for it.
I'm so annoyed as I've been doing the work of 3 people for the last few months and I feel like I'm being treated very unfairly. Can they do this to me or do I have any rights? 10 months ago when I applied for my mortgage they wrote me a letter saying I was a permanent employee in both jobs and if I loose this job I'll be in big trouble moneywise, I'm seriously panicking as I'm not much good in interviews.

AARRRGH

You've been employed by them for over 12 months so you have employment law on your side. What they are doing is illegal.

Have a read of this: http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy

also, ring NERA, they will put you straight on it, they can't do this.

http://www.employmentrights.ie/en/

ntlbell

i'm no solicitor but without an actual contract I'm not sure there's much you can do about it.

I think even if there was a contract they can "let you go" they can't re-hire for the same "title" but this is gotten around by changing the title of the job.

have a look at the links previous posters have given but i wouldn't hold much hope

ntlbell

ntlbell wrote: »

i'm no solicitor but without an actual contract I'm not sure there's much you can do about it.

I think even if there was a contract they can "let you go" they can't re-hire for the same "title" but this is gotten around by changing the title of the job.

have a look at the links previous posters have given but i wouldn't hold much hope

as long as there is a record of them paying you for those 15 months then the above is b*llsh*t. Once you go over 1 year working with a company, you are a permanent employee and are entitled to full rights. Get them to put it in writing that they want you to go for an interview for your own job and hang onto this for when you need proof. They cannot let you go without good reason, and simply changing the name of the role does not wash with the labour courts.

ntlbell

Deleted User wrote: »

as long as there is a record of them paying you for those 15 months then the above is b*llsh*t. Once you go over 1 year working with a company, you are a permanent employee and are entitled to full rights. Get them to put it in writing that they want you to go for an interview for your own job and hang onto this for when you need proof. They cannot let you go without good reason, and simply changing the name of the role does not wash with the labour courts.

all they have to do if they really want to (which they probably don't)

is let the "position" go not sack.....they can make the position redundant and then re-hire.

just because you have full rights doesn't mean you can't be let go


we made a few billion profit last year and let go 70 full time staff with "full rights"

but the whole thing sounds a bit odd but don't go i n bullying talkining about rights

if an emplyer wants to do something rights or no right they'll find a way to do it and you very end up on the winning side so becareful how you aproach this

have you even asked them why they#re re-interving for the job?

Raskolnikov

You have absolutely been wronged here.

There is absolutely no reason why you should have to sit an interview to keep a job that is already yours.

ntlbell wrote: »

i'm no solicitor but without an actual contract I'm not sure there's much you can do about it.

Incorrect.

ntlbell

Raskolnikov wrote: »

You have absolutely been wronged here.

There is absolutely no reason why you should have to sit an interview to keep a job that is already yours.

Incorrect.

that's great, but can you explain exactly what can be done?

"incorrect" isn't really telling us anything

Raskolnikov

ntlbell wrote: »

if an emplyer wants to do something rights or no right they'll find a way to do it and you very end up on the winning side so becareful how you aproach this

An employer cannot do that.

If you confront your boss and you end up losing your job, you can easily take this crowd to court for unfair dismissal. If you had never received a warning before, you'd almost definitely win any case. To put it in perspective, there was a case two weeks ago where a man was fired from his job in a carpet factory for sleeping on the job. However, because he had never received a reprimand or warning before, he won his unfair dismissal case.

newbie2

First off, Don't panic. This happens alot in different businesss (esp the public sector). The reason behind it is probably to do with union rules or some such. If the other two employees were about to be given the sack - they could complain that they went throught the proper channels to get the job (ie interview/ assesments etc) while you didn't. This could cause legal wranglings and headaches that your company could do without. Your company is just covering it's ass.
Talk to your line manager - explain that you feel unconfortable in interviews etc and would like to be reassured. I'm confident you'll get the job.;)

ntlbell

Raskolnikov wrote: »

An employer cannot do that.

If you confront your boss and you end up losing your job, you can easily take this crowd to court for unfair dismissal. If you had never received a warning before, you'd almost definitely win any case. To put it in perspective, there was a case two weeks ago where a man was fired from his job in a carpet factory for sleeping on the job. However, because he had never received a reprimand or warning before, he won his unfair dismissal case.

of course they can...

it might not be legal..

here's the scene..

OP annoys the boss somehow...

all they have to do is make the POSITION redundant they dont have to say "we're firing you because a b and c"

what they can't do then is hire for that position again for i think it's up to 12 months

so to get around this they hire and change the title of the roll

it happens all the time legal it's not but it's the reality of the loop hole.

you can't bring someone to court for unfair dismissal when you're not beng dismissed the "role" is being redundant..

your talking about firing most employers are getting very clever especially in the current climate were a lot of companies are "letting people go"

not firing them..

ntlbell

newbie2 wrote: »

First off, Don't panic. This happens alot in different businesss (esp the public sector). The reason behind it is probably to do with union rules or some such. If the other two employees were about to be given the sack - they could complain that they went throught the proper channels to get the job (ie interview/ assesments etc) while you didn't. This could cause legal wranglings and headaches that your company could do without. Your company is just covering it's ass.
Talk to your line manager - explain that you feel unconfortable in interviews etc and would like to be reassured. I'm confident you'll get the job.;)

yup this is more than likley what the problem is as you all ready worked for them in a different role it's probably just to formalise it some companies especially in the public sector can take a long time to get around to these things and it's prob just protocol

dolliemix

newbie2 wrote: »

First off, Don't panic. This happens alot in different businesss (esp the public sector). The reason behind it is probably to do with union rules or some such. If the other two employees were about to be given the sack - they could complain that they went throught the proper channels to get the job (ie interview/ assesments etc) while you didn't. This could cause legal wranglings and headaches that your company could do without. Your company is just covering it's ass.
Talk to your line manager - explain that you feel unconfortable in interviews etc and would like to be reassured. I'm confident you'll get the job.;)

I agree with Newbie. There's no need to panic. It's a formality. Twice I've been interviewed for my own job. It's actually a good thing if you ask me because it shows they're trying to make everything formal, legal and above board. You'll be fine in the interview but if you are concerned talk to your employer

lily lou

Thanks for all your replies.
They can't make the position redundant as it's a cleaning job and the place has to be cleaned plus they are also filling the positions of the 2 who left. Both of those left of their own accord so it's nothing to do with that.

I'm afraid they're using this as a way to change my pay or conditions:(

Am gonna have a word with my boss and tell him how uncomfortable I'm feeling about it. Was too shocked when I heard today to say anything.

ntlbell

lily lou wrote: »

Thanks for all your replies.
They can't make the position redundant as it's a cleaning job and the place has to be cleaned plus they are also filling the positions of the 2 who left. Both of those left of their own accord so it's nothing to do with that.

I'm afraid they're using this as a way to change my pay or conditions:(

Am gonna have a word with my boss and tell him how uncomfortable I'm feeling about it. Was too shocked when I heard today to say anything.

What i meant position they call it something else

"associate checmical engineer" = clearner..;)

they can still do the same role they just cant have the same "title"

lily lou

ntlbell wrote: »

"associate checmical engineer" = clearner..;)

Ha ha I like the sound of that:D

badabinbadaboom

How would you even go about interviewing someone for they're own jobs anyway

"Have you any experience?"

"Yes I've worked for you for the past 15 months"

"I see, do have a reference?"

"yes, you"

" When are you available to start?"

And so forth.

dolliemix

badabinbadaboom wrote: »

How would you even go about interviewing someone for they're own jobs anyway

"Have you any experience?"

"Yes I've worked for you for the past 15 months"

"I see, do have a reference?"

"yes, you"

" When are you available to start?"

And so forth.

In my case they just asked me how I had found working with them and did I feel I could improve on anything or manage it differently in the future. It was all a formality and it gave me a better sense of ownership of the job. It was a good thing

Eoin

I went through this in my last company when they were trying to cut the IT department quite severely. We all had to re-apply for our jobs and even our union advised that we go along with this.

However, the people who they didn't want to keep weren't laid off, but were sent to a new section that was set up to either re-deploy the same staff to other areas of the company, or to try and get them out the door (e.g. sessions on how to do your CV).

@badabinbadaboom - it's about justifying your value to them, that's what the interview was for.

Sir Humphrey

ntlbell wrote: »

i'm no solicitor but without an actual contract I'm not sure there's much you can do about it.

This is based on the erroneous assumption that contracts have to be written down. Contracts are often implied by arrangements rather than written down. Their existence is easier to prove when written down but that's the only difference.

Eoin

Sir Humphrey wrote: »

This is based on the erroneous assumption that contracts have to be written down. Contracts are often implied by arrangements rather than written down. Their existence is easier to prove when written down but that's the only difference.

Not the only difference, surely? Without a written contract, are any clauses or conditions over the legal statutory minimum enforceable?

MysticalSoul

I was in this same situation for office based work some years ago. I had been working for the same department of said company for three-and-a-half years, the last year with no contract, despite me ringing HR on numerous occasions. I also contacted the Union, after being on no contract for 11 months, as I was sick to being given the same excuses that they had written to my department (the department head at the time was clueless), who told me to leave it another month, and then to pursue it again, as legally if on no contract for 12 months you are supposed to be given permanency on default.

Anyway, after the 12 months of no contract passed, I approached someone in my department about it. Poor person did not know what hit them, as they were only just in the door of that department, but he needed to know what was going on. Anyway, they advertised the job internally. I went for interview for a job I had being doing for three-and-a-half years, and was not successful at it. Unfortunately I was smothered with a cold on the day, so could not think as clearly as I could otherwise.

Anyway, thankfully being part of a Union helped me here, as they insisted that due to all the carry on, that I did not have to wait the month when the successful candidate would take over, and I was to be transferred to another department within the week, which they did for me.