Constructive dismissal - advice needed.
Discussion
Hi there
My wife has worked for the same company (company A) for 20 years, and during the time she has had a variety of management roles (hospitality/finance), and in 2012 she was moved to a new company (company B) set up by the owner of company A to deliver online training. She worked in the same management role till last year, at which point a consultant was employed to give advice on restructuring, and she was subsequently replaced and told that she would be working alone in a new company set up to deliver a niche product (although she is still paid through company B). She wasn't happy about this as she did not have the skill set to carry out the role but the owner was insistent; she sought legal advice and was told by a solicitor that she had a case for constructive dismissal although it would be 50/50. She decided to stay, even though she would be losing out on bonuses as the new company was marginal - she never received the support the owner promised, and the company is not succeeding (she new this was likely at the start as the business idea was flawed).
I should mention that she was TUPE between the roles.
Last week the owner moved her back to company A following the dismissal of a manager (she was told he would "force" the issue if she didn't want to do it) - the role (running a bar) is fundamentally different to what she has being doing previously (online training), and requires different hours including nights - she hasn't done this for many years (since she worked for company A). She is really unhappy and is seeking advice on Monday as she believes it constitutes constructive dismissal.
I'm really looking for some thoughts/advice.
My wife has worked for the same company (company A) for 20 years, and during the time she has had a variety of management roles (hospitality/finance), and in 2012 she was moved to a new company (company B) set up by the owner of company A to deliver online training. She worked in the same management role till last year, at which point a consultant was employed to give advice on restructuring, and she was subsequently replaced and told that she would be working alone in a new company set up to deliver a niche product (although she is still paid through company B). She wasn't happy about this as she did not have the skill set to carry out the role but the owner was insistent; she sought legal advice and was told by a solicitor that she had a case for constructive dismissal although it would be 50/50. She decided to stay, even though she would be losing out on bonuses as the new company was marginal - she never received the support the owner promised, and the company is not succeeding (she new this was likely at the start as the business idea was flawed).
I should mention that she was TUPE between the roles.
Last week the owner moved her back to company A following the dismissal of a manager (she was told he would "force" the issue if she didn't want to do it) - the role (running a bar) is fundamentally different to what she has being doing previously (online training), and requires different hours including nights - she hasn't done this for many years (since she worked for company A). She is really unhappy and is seeking advice on Monday as she believes it constitutes constructive dismissal.
I'm really looking for some thoughts/advice.
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