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Constructive Dismissal - Agency Staff?

  • 14-09-2021 6:47pm
    #1
    Registered Users, Registered Users 2 Posts: 2,043 ✭✭✭


    Deleted.


    Turns out they had lined me up for promotion but completely botched the communication between thenselves, leading to those that informed me on Friday thinking I was set to be essentially moved down and not up.

    Weird stuff altogether but it's been a great morning for me! 😁


    Mods can close if they want.

    Post edited by Carfacemandog on


Comments

  • Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    where does the constructive dismissal come in to it .. you are still working there ?



  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    I'd imagine they are in the belief the "downgrade" in role is constructive dismissal in their view.

    OP, I don't mean to be unkind, but the working till after 12 shows you couldn't manage the role. Of course nobody could replicate that, they wanted to have a life outside of work.



  • Registered Users, Registered Users 2 Posts: 2,043 ✭✭✭Carfacemandog


    In which case is it not unreasonable that they first said additional staff would be provided (there were six of us in this role earlier this year, and then just me for the last several months), only to then turn around and say no additional staff would be provided as recently as last week, only to then take on 8 additional people for the role the day after removing me from it?

    I definitely couldn't do it on my own within the hours, it was the workload of at least a half dozen people, which they were aware of from having a half dozen people on it prior.

    I am still working there but literally just holding on for no other reason than it being easier to find a job while in a job.



  • Posts: 0 [Deleted User]


    Where is the constructive dismissal though? It reads like you are back doing the job, with the agreed pay, that you were initially employed to do.



  • Registered Users, Registered Users 2 Posts: 2,043 ✭✭✭Carfacemandog


    The job I was agreed to do has been given to someone else while I was in the role that has since been, my current role is lesser than what I had been hired for.

    The pay remains the same, and the job title as its a large company with basically everyone having the same title, but the role itself is vastly reduced in scale and in line with entry level positions below me.

    Funny enough, the teams we fed out of and into have expressed serious dissatisfaction over this change as they had been very happy with the work I had been doing and have noticed a sharp decline in volume and quality since the change.

    I've not felt slighted like this before by a employer so am essentially clueless to this stuff, the reason for my asking is if it falls under unreasonable changes to conditions of employment.



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  • Registered Users, Registered Users 2 Posts: 40,638 ✭✭✭✭ohnonotgmail


    what have the agency said about your situation?



  • Registered Users, Registered Users 2 Posts: 630 ✭✭✭Meeoow


    It sounds like they are not going to make anyone permanent in the role, but keep rotating agency staff in it.

    I think that you have no rights as your contract doesn't cover the higher role

    How long were you acting in the higher role?



  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    You've got less work for the same money and the area you where in is falling apart because no one else is willing to work the stupid hours you did. I can't see any problem with this. The fact that it was affecting your personal life means that it was too stressful a position.

    As for your CV, you did the roles so you can put then on your CV. You don't have to say when you did the roles, just what roles you did in the company. So put the new role at the start and the complex ones at the end.

    If it's a large company then the only reference you might get from them is "Carfacemandog worked from X date to Y date", but as you are agency you may not even get that you'll most likely get a reference from the agency saying "Carfacemandog worked at company A from X date to Y date". The only way you'd get a reference for the roles would be verbally from a manager and even then it'd be limited.



  • Registered Users, Registered Users 2 Posts: 2,043 ✭✭✭Carfacemandog


    Deleted the OP to cover my arse just in case, as it turns out I was actually supposed to be promoted rather than having my role scaled back. Somewhere along the lines they crossed their wires and told me the wrong thing, leading to a desperate scramble this morning on their end to rectify. I think I've had almost every senior person in the company try to contact me, which was a nice touch!


    So replaced by 8 people so I can move into more operational stuff, and am set to get into talks about permanent contracts for this in Friday. The complete opposite of what it had looked like to me over the 2-3 days!



  • Registered Users, Registered Users 2 Posts: 27,051 ✭✭✭✭Dempo1


    I'm quite baffled, albeit it seems resolved but I wasn't seeing any constructive dismissal evident and besides the employer is actually the Agency who are barely mentioned.

    But glad if the matter resolved.

    Is maith an scáthán súil charad.




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