Company re-structure - employment advice
Discussion
Organisation I work for are currently going through another restructure where they've changed some roles and in some cases, removed the role altogether.
My line manager accepted a new role that was a lower tier/salary with the understanding his salary will remain the same indefinitely. He has this in writing.
Employer now apologising, suggesting they've made a mistake and he will now only get protected salary for 12 months. In the mean time he turned down another job at another organisation which would now be a higher salary moving forward.
Any advice?
My line manager accepted a new role that was a lower tier/salary with the understanding his salary will remain the same indefinitely. He has this in writing.
Employer now apologising, suggesting they've made a mistake and he will now only get protected salary for 12 months. In the mean time he turned down another job at another organisation which would now be a higher salary moving forward.
Any advice?
My personal advice would be to go back to the company he turned down the offer with and see if they still have opportunities. Either way he will be better seeking alternative employment in my view given that whilst he can kick up a fuss about his salary he will soon find himself top of the redundancy list. Of course, in 12 months he could wait and see what they did i.e. reduce his money and if so consider constructive dismissal....
Jasandjules said:
My personal advice would be to go back to the company he turned down the offer with and see if they still have opportunities. Either way he will be better seeking alternative employment in my view given that whilst he can kick up a fuss about his salary he will soon find himself top of the redundancy list. Of course, in 12 months he could wait and see what they did i.e. reduce his money and if so consider constructive dismissal....
My understanding is that constructive dismissal has to involve quitting on the spur of the moment - doesn't this make it a bit premeditated? I'm not questioning your knowledge on the matter, I just want to understand it a bit better.davepoth said:
My understanding is that constructive dismissal has to involve quitting on the spur of the moment - doesn't this make it a bit premeditated? I'm not questioning your knowledge on the matter, I just want to understand it a bit better.
Yes and no. There must be a final straw and the resignation must be in response to that. However, the act complained of should (ideally) be a breach of a fundamental term - non-payment is a fundamental... Delay can defeat it as you can be deemed to have accepted the breach, but it falls to the facts.Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff