Constructive Dismissal - quick opinion
Discussion
Need some unbiased advice about a situation at work, if anyone could...
Most excellent current company uses two grade methods - call them Role and Contribution. Together, they inform expectations, and rewards, as you might imagine.
Joined as Role A and Contribution 2 (as an example). Last year, old people manager mentioned that there had been an HR cockup, and that Role A should not be available to Contribution 2. Would I mind terribly if they changed Role A to a lower role? Oh yes, said I, I absolutely would.
Seemingly a letter was sent in September, with a "if not replied to" clause. Never received.
Noticed at this years review setting that they had changed Role A to lesser role, and implemented a grievance procedure. Now at stage two, but the question is, would the man on the Clapham Omnibus see this as CD, or a simple HR realignment (their position), given the fact that this has, does and will, impact pay reviews now and in the future?
Most excellent current company uses two grade methods - call them Role and Contribution. Together, they inform expectations, and rewards, as you might imagine.
Joined as Role A and Contribution 2 (as an example). Last year, old people manager mentioned that there had been an HR cockup, and that Role A should not be available to Contribution 2. Would I mind terribly if they changed Role A to a lower role? Oh yes, said I, I absolutely would.
Seemingly a letter was sent in September, with a "if not replied to" clause. Never received.
Noticed at this years review setting that they had changed Role A to lesser role, and implemented a grievance procedure. Now at stage two, but the question is, would the man on the Clapham Omnibus see this as CD, or a simple HR realignment (their position), given the fact that this has, does and will, impact pay reviews now and in the future?
Unusual one that.
I don't quite see it as CD because a)it doesn't impact your current situation and there is no right to future pay rises as far as I am aware and b)unless there is mre to the story it doesn't feel personal i.e. about you.
I know that doesnt neccesarily have a legal relevance but as a layperson CD should be about htem trying to oust you or at least making conditions untenable.
That said, it is also a fair gripe so you've every right to have a grievance
I don't quite see it as CD because a)it doesn't impact your current situation and there is no right to future pay rises as far as I am aware and b)unless there is mre to the story it doesn't feel personal i.e. about you.
I know that doesnt neccesarily have a legal relevance but as a layperson CD should be about htem trying to oust you or at least making conditions untenable.
That said, it is also a fair gripe so you've every right to have a grievance
blindswelledrat said:
Unusual one that.
I don't quite see it as CD because a)it doesn't impact your current situation and there is no right to future pay rises as far as I am aware and b)unless there is mre to the story it doesn't feel personal i.e. about you.
I know that doesnt neccesarily have a legal relevance but as a layperson CD should be about htem trying to oust you or at least making conditions untenable.
That said, it is also a fair gripe so you've every right to have a grievance
Completely agree about the lack of right to a pay rise, but this places my salary at +/- 140% of the grouping, thus meaning its damned unlikely for a few years.I don't quite see it as CD because a)it doesn't impact your current situation and there is no right to future pay rises as far as I am aware and b)unless there is mre to the story it doesn't feel personal i.e. about you.
I know that doesnt neccesarily have a legal relevance but as a layperson CD should be about htem trying to oust you or at least making conditions untenable.
That said, it is also a fair gripe so you've every right to have a grievance
My view is that I was hired as Role A, internal contribution things bedamned. I've worked hard at that, had numerous customer plaudits and think I have the respect of my peers at doing that role. It just feels wrong to suddenly be regarded as something else.
Fairly sure it isn't personal, just unthinking, especially after I've said "No". The vastly amusing thing is that a friend of mine is thinking of joining, and his draft contract had identical Role & Contribution on it. Good to see Personnel are up to speed then
condor said:
I'd suggest raising a grievance against the Company.
Done, denied, now on Stage Two.Does this fundamentally breach your employment contract and warrant you leaving in an instant? At first glance it does not look so. Arguably no express terms have been breached and it would be a stretch to suggest a breach of implied terms.
Don't forget that if you feel that strongly about constructive dismissal then you will need to make the first move and leave. To a large extent the longer you leave it without leaving the weaker your case.
Don't forget that if you feel that strongly about constructive dismissal then you will need to make the first move and leave. To a large extent the longer you leave it without leaving the weaker your case.
edc said:
Does this fundamentally breach your employment contract and warrant you leaving in an instant? At first glance it does not look so. Arguably no express terms have been breached and it would be a stretch to suggest a breach of implied terms.
Don't forget that if you feel that strongly about constructive dismissal then you will need to make the first move and leave. To a large extent the longer you leave it without leaving the weaker your case.
Fair points, perhaps it feels worse from my end. From this point of view, it feels like an unwarranted demotion, with a lower job title, and effectively cuts off pay reviews for the next couple of years.Don't forget that if you feel that strongly about constructive dismissal then you will need to make the first move and leave. To a large extent the longer you leave it without leaving the weaker your case.
With regard to the leaving thing, the current thinking seems to be to do the grievance procedure first, and give that 28 days. More than happy to resign over this, it has narked me that much.
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