Employment Law

[EuanC]

I work for a large organisation and my current department is currently being re-structured. Thing is my current department is being merged with the department that I used to work for. I left this previous department because I felt that the work that they did was mundane and not much of a challenge. Under this re-organisation process we are having to re-apply for our jobs.

However, not only are we being asked to re-apply for our own jobs, we are also being being encouraged to apply for a further 2 jobs (as a second and third choice).

Problem that I have is that I am only interested in re-applying for my current job and I have no intention of applying for a second or third choice (as these posts are of the mundane, non-challenging type that I moved away from). I have been told by our HR department that if I only apply for one job (my current job) and am unsuccessful, then the organisation are at liberty then to appoint me to any post within the structure of their own choosing � regardless of the fact that I have moved on and away from this type of work. This does not seem correct to me. Can anyone offer any advice as to where I stand ??

[JudgeJ]

Welcome to the real world!

There is nothing preventing your employer from doing this. However, if you end up leaving your employment entirely because of this situation you MAY be able to prove constructive dismissal. However, it would be extremely hard to prove as your employer is making every effort to continue your employment with them.

[EuanC]

Thanks JudgeJ

[buildersmate]

Hang on, JJ, surely there's a bit more to it than that. Whilst I agree they could insist in moving a person to a new job not of that person's choosing as part of restructuring, wouldn't they have to maintain the existing T&Cs of employment, meaning the salary (and other benefits) would have to be kept fixed at the existing level?