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permanent employee placed in new role with 3 months trial period on new role enforced

  • 02-03-2009 3:04pm
    #1
    GubMan
    Registered Users, Registered Users 2 Posts: 51 ✭✭


    The scenario.

    a friend of mine has a permanent position. They have now been placed in a new position in a separate dept. within the company in which they work, reporting to a colleague who was on the same grade as them. ie, they have been downgraded to the level below where they were. Additionally, their contract is a 3 month trial contract which can be reviewed at any time in the 3 month period. Both the employer and employee can review this within the 3 month period, and it is stated that either can cancel the contract in that period. At the end of that period redundancy may be available. The employer requires that the person signs this contract and agrees with these conditions immediately. There appears not to be any forum for discussion or feedback on this available to the employee.

    Does this constitute constructive dismissal?

    I'd really like a quick comment on this, the contract is to be put in place immediately.


Comments

  • #2
    jhegarty
    Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty


    Sounds like it to me. Talk to a solicitor.


  • #3
    GubMan
    Registered Users, Registered Users 2 Posts: 51 ✭✭GubMan


    jhegarty wrote: »
    Sounds like it to me. Talk to a solicitor.

    That or Nera I think, I assume they can help with this type of thing. Anyone had any experience od them/going through unfair dismissal? BTW thanks JHegarty.


  • #4
    GubMan
    Registered Users, Registered Users 2 Posts: 51 ✭✭GubMan


    GubMan wrote: »
    That or Nera I think, I assume they can help with this type of thing. Anyone had any experience od them/going through unfair dismissal? BTW thanks JHegarty.

    any other comments regarding this? Will I just advise that the legal option be followed?


  • #5
    Kipperhell
    Closed Accounts Posts: 1,477 ✭✭✭Kipperhell


    It sounds like the old company change, you are made redundant but provided with an alternative job which allows you to take up the redundancy offer at a later date.

    It is actually the company being nice. For what ever reason a company can decide to make a position redundant and they can let you go. Rather than do this they say you can have this job if you like and if it doesn't work out for you or them you will get the redundancy offer. They could have just let him go.

    The only thing is if they are keeping somebody to do his old job then it is not as I have stated and maybe then it is constructive dismissal. The who grade thing is just unfortunate but has little means outside the public service where the job change doesn't effect you pay grade.


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