Forced into new role

LegacyUser

Hi,

I just came back after holidays and on my lunch break my boss comes into the canteen where I'm alone and says that he doesn't think the job that I am doing is sustainable and offered me a job doing completely different duties with no mention of the specifics. He then gave me a notice when I returned basically saying that he offered me a new position and a "more productive role".

I started in July last year and since then I have been doing admin, customer service and stocking for a reasonably small shop. There are 7 of us working there including the boss/owner. There are 4 of us doing phones/orders/inventory/customer service/retail. We all have small individual differences but basically the same job. I put in most of the big orders which according to him has slowed down in the last month or so. I have access to the accounts and in the last year the turnover that has been put in by me is 20+ times my salary with profits on that about 10 times my salary.

Now it's not difficult work but it does take some concentration and I do a lot of supplementary tasks around the place that take up time including dealing with longwinded phone and in store customers. I don't think I suit the new role he is offering me as it's far more up front and is basically being an up front sales rep to get new business. He had a sales rep before and it ended in disaster due to him having too high expectations and I'm not great at lying to people which would be basically what I'd have to do and would have no control over the vastly inflated prices or ability to give special offers or anything. It feels like it's a ploy to force me out more than anything.

I just wanted to know what my options are here. I was never given a written terms of employment or a contract in this place which I know is wrong but the work is easy and I have worked there for 11 months. Will that make much of a difference? There is no evidence to his claim that my job is not sustainable and I really don't like the sound of the new role. It seems like it would be a waste of time and resources. Any advice would be appreciated.

davo10

Alabama Man wrote: »

Hi,

I just came back after holidays and on my lunch break my boss comes into the canteen where I'm alone and says that he doesn't think the job that I am doing is sustainable and offered me a job doing completely different duties with no mention of the specifics. He then gave me a notice when I returned basically saying that he offered me a new position and a "more productive role".

I started in July last year and since then I have been doing admin, customer service and stocking for a reasonably small shop. There are 7 of us working there including the boss/owner. There are 4 of us doing phones/orders/inventory/customer service/retail. We all have small individual differences but basically the same job. I put in most of the big orders which according to him has slowed down in the last month or so. I have access to the accounts and in the last year the turnover that has been put in by me is 20+ times my salary with profits on that about 10 times my salary.

Now it's not difficult work but it does take some concentration and I do a lot of supplementary tasks around the place that take up time including dealing with longwinded phone and in store customers. I don't think I suit the new role he is offering me as it's far more up front and is basically being an up front sales rep to get new business. He had a sales rep before and it ended in disaster due to him having too high expectations and I'm not great at lying to people which would be basically what I'd have to do and would have no control over the vastly inflated prices or ability to give special offers or anything. It feels like it's a ploy to force me out more than anything.

I just wanted to know what my options are here. I was never given a written terms of employment or a contract in this place which I know is wrong but the work is easy and I have worked there for 11 months. Will that make much of a difference? There is no evidence to his claim that my job is not sustainable and I really don't like the sound of the new role. It seems like it would be a waste of time and resources. Any advice would be appreciated.

If your role is no longer sustainable, then by offering you a new role your employer is going beyond his obligations, he could just let you go. The fact that you are only there 11 months means that he can let you go for no reason at all providing he does not discriminate against you in any of the 9 recognised grounds. As your length of service was less than 12 months, you would not have access to the EAT nor the protection of the UDA.

Put simply, if you don't take the new job, he can let you go pretty easily.

LegacyUser

Thanks,

I can't remember my exact start date from last year but it would have been mid-late July. Would another 20 or so days really make that much of a difference? If he was to let me go and then replace me with someone else would there be a problem with that?

I should add that he is a very hostile man and his training of staff is based around bullying. I've regularly been cursed at and he constantly makes racial and homophobic comments. Not really relevant but sure.

CIARAN_BOYLE

Alabama Man wrote: »

Hi,

I just came back after holidays and on my lunch break my boss comes into the canteen where I'm alone and says that he doesn't think the job that I am doing is sustainable and offered me a job doing completely different duties with no mention of the specifics. He then gave me a notice when I returned basically saying that he offered me a new position and a "more productive role".

I started in July last year and since then I have been doing admin, customer service and stocking for a reasonably small shop. There are 7 of us working there including the boss/owner. There are 4 of us doing phones/orders/inventory/customer service/retail. We all have small individual differences but basically the same job. I put in most of the big orders which according to him has slowed down in the last month or so. I have access to the accounts and in the last year the turnover that has been put in by me is 20+ times my salary with profits on that about 10 times my salary.

Now it's not difficult work but it does take some concentration and I do a lot of supplementary tasks around the place that take up time including dealing with longwinded phone and in store customers. I don't think I suit the new role he is offering me as it's far more up front and is basically being an up front sales rep to get new business. He had a sales rep before and it ended in disaster due to him having too high expectations and I'm not great at lying to people which would be basically what I'd have to do and would have no control over the vastly inflated prices or ability to give special offers or anything. It feels like it's a ploy to force me out more than anything.

I just wanted to know what my options are here. I was never given a written terms of employment or a contract in this place which I know is wrong but the work is easy and I have worked there for 11 months. Will that make much of a difference? There is no evidence to his claim that my job is not sustainable and I really don't like the sound of the new role. It seems like it would be a waste of time and resources. Any advice would be appreciated.

You haven't bee there a year yet so you have no rights.

LegacyUser

Well he came in today on my lunch break and fired me. I had sent him an email asking for details of the new position that was being offered to me and he decided that it wasn't worth doing I think and let me go. His reasoning was that I wasn't doing as much as everyone else which is absolutely untrue. Called me an unwilling worker and stuff like that. Someone was hired after me and I presume someone will be hired to replace me. I don't know if this makes a difference?

I definitely have no comeback on this do I? A mere 2 weeks or so short of being there a year. Bit of a sickener as i have done an awful lot of work for him and the thanks i get is an insane vendetta against me. Probably due to not being as extroverted as some of the others but that's a different story.

LegacyUser

Anyone?

Stheno

Alabama Man wrote: »

Anyone?

No, nothing you can do given the timeframe.

Best of luck finding a new role.