# Can I be forced into position I dont want?



## need_help (26 Sep 2011)

Hi

Im back from maternity leave and there looks like there is no longer a job for me. A lot has changed since I have been out. Im with the company 15 years now. 

My Manager is trying to push me into a role that I really dont want as I know I will perform poorly at it - I dont have the skills. 

The writing is on the wall - redundancy or this role. Im worried about taking new role.....being very poor at it and being let go with nothing if Im deemed incompetent. Can this happen?? I would love all of your advice?? 

Can I be legally forced into this role??


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## missangry (26 Sep 2011)

Hi, 

Speaking from a similar experience many moons ago, i was offered a position in an entirely different role than i was used to... accounts... i was a data input clerk at the time.... I approached the Office Manager and said i would be willing to try but had no previous experience of such things and the only way i would take this position was on a trial basis to see if i could do the job and that it didnt affect the redundancy choice. I hated the job was rubbish at it and promptly asked for my previous job back and i would wait for the redundancy, which is exactly what i did.. hope this helps, dont be bullied into doing something you dont feel is right for you, ask questions about what options are available to you and then you can make an informed decision.. good luck


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## ClubMan (26 Sep 2011)

For what it's worth the technicalities of_ Maternity Leave_ and return to work from same are outlined here:

http://www.citizensinformation.ie/e...tions/leave_and_holidays/maternity_leave.html
http://www.equality.ie/getFile.asp?FC_ID=587&docID=53

In practice some employers (and employees I suppose) may be more assiduous in meeting their responsibilities under these rules than others...


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## need_help (26 Sep 2011)

Can I be fired with no redundancy if Im terrible at the new job?? I feel that its wrong on some level in these times not to grab a job offer but Im afraid of making the wrong move and regretting it

thanks ClubMan- i will read the links


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## ClubMan (26 Sep 2011)

If necessary you could try contacting _NERA _for some info/advice on your rights in this context.

[broken link removed]

Another option is to consult a solicitor with expertise in employment law but that should probably be a last resort only if absolutely necessary.


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## Mrmr (26 Sep 2011)

My understanding is that you are not exactly entitled to your old job back.
From my own research it would appear that they are obliged to give you your old job, or if not practical then a role of similar nature, terms etc.

However, if you begin the new role and are not able to perform as well leading to issues then you may have a case as you must not, in effect, be disadvantaged by any changes on your return to work. 

I suppose the thing to do at this stage is to have a discussion with your employer about your concerns, they may be able to help clear the air. Returning after maternity is a stressful time and you could be worrying unnecessarily.

The very best of luck


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## sean.c (27 Sep 2011)

*This role or redundency*



need_help said:


> looks like there is no longer a job for me



Is your job simply gone, or is someone else doing it?
If it is gone, then redundency applies.  If someone else is doing it, then it doesn't.  You can only be made redundent when the job no longer exists.



need_help said:


> My Manager is trying to push me into a role that I really dont want as I know I will perform poorly at it - I dont have the skills.



You should ask to discuss training plans and budgets with your manager.  If there is no training and - more importantly no budget for training - then you may assume that the true intent is;
a) to offer you a job that they know you won't accept, thus forcing you to accept redundency.
Or maybe they hope that you will accept the job and;
a) perform so poorly that they can build a case for dismissal (Unfair Dismissal), or
b) be so miserable that you will resign (Constructive Dismissal)

Either way they avoid paying you redundency.  



need_help said:


> Can I be legally forced into this role??


As you said, this role or redundency.


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## need_help (27 Sep 2011)

thank you to everyone who replied. 

To answer your questions:

Is your job simply gone, or is someone else doing it?
>> My job is gone. I do believe that in a few months time the job will be required again though. I asked my employer if I did the offered job for a few months can I transfer back to this job when the opportunity arises and he said no - mainly because he couldnt guarantee 100% that this current job would be required again in the future. I suppose that is fair enough. 

Its one of those situations that Im trying to be careful that if I end up out of a job that i get redundancy of some sort. Without it we are in a dire situation


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