Where do i stand over this blunder by my new employers?

Question

I was interviewed in May, told I had the job 2 days later & given a start date at the end July.

I got there on day 1 to discover the post had been filled several weeks earlier.

On speaking to the girl already there, I found out we were interviewed the same week, shown the same job spec & received identical contracts to sign showing the same job title & salary. Only difference is that she was interviewed by the Finance Director & I was interviewed by the HR Director & HR Manager. The HR Manager was sacked this past Monday & i have been shunted into a much more junior post (at the higher salary).

I think they will just get rid of me at the end of the probationary period.

Does anyone know if I have any legal rights since I have a signed contract & accepted the job in good faith?

PS. I worked in the correct job for the first 3 weeks because the other girl was on holiday until this last Monday. I was moved this last Thursday to the other job.

Your help is much appreciated.

Answer 1

If, as you imply, you have a written confirmation of a signed contract for the original job then I would take the matter to an industrial tribunal and sue the company for breach of contract, but see below.

If you wait until the end of the probationary period and see what happens, this would delay matters and may affect any case you have.  I feel taking action now will put the pressure on them not to terminate your employment.

Remember, at the end of the day will you still be happy working there?  It might be worth considering leaving, citing the situation as the reason and take that to a tribunal,

Good luck  

Answer 2

yes you have the basis  for a lawsuit!!!

Answer 3

I am not sure for definite - you need to consult a specialist solicitor.

However I would have thought that there is not a lot you can do as they have given you a position on the same wage.  I think your only argument would be it is not the post you were offered.  However in the meantime, you need to try and prove that you are more than capable and hope that they do not come up with an excuse to dispose of your services at then end of your probation.   They, however would be treading on very thin ice if they do 'let you go'  Meanwhile prove you are better than this other girl - not nice I know - but all is fair in Love and work !!!!

Answer 4

Assuming your work in England & Wales...

Until you have one full year of continuous service you have very few employment rights and you can be dismissed without your employer even being required to state the reason for your dismissal.

Despite the strength of your feelings on this matter you have no obvious justification for taking your employer to a tribunal provided when you are dismissed that you are paid everything you are due. This would include pay for days worked, pay for any accrued holiday entitlement, pay in lieu of notice.

If there's more to this case than you have explained and, for example, you can show that you have been discriminated against then I suggest you get some employment law advice. Your local Citizens Advice Bureau would be a good place to start.

In the meantime, if you don't like the job you are doing then you might want to start looking for other jobs inside and outside the company.

Answer 5

I think the company will honour the blunder made by the H/R manager and has taken disciplinary action by sacking him. You have nothing to worry as the company is taking steps to accommodate you and to honour the contract you had signed with them.  I think this is a responsible and good company to work for.

Answer 6

If i was you I would start looking for another position either in the same company or elsewhere, as it does not look a very competent company as far as I can tell it ain`t a well organised company

Answer 7

There is nothing you can do legally.

Your employer has admitted their error yet still employed you and is paying the salary you were initially offered.

I can understand how you feel, and i would be very angry.

If you feel that your position will be finished at the end of three months try and talk to the HR department and explain that you feel you have become a victim and are being unfairly treated according to your skills and experience, ask them to accommodate you in seeking alternative employment more suited to your experience by recommending you to some of their contacts or allowing you to take time off to attend interviews with a glowing reference.

Try and work their blunder to your advantage. Bounce it back to them and see what they come up with.