Forced Resignation Query
Discussion
Relative works for an organisation they have three full time employees and thousands of members but are registered as a charity. The office manager has been in the job over 30 years and is in advanced years, possibly up to20 years over the retirement age but is running the show with no real complaints from staff or majority of members.
A few months ago a member of the organisation (not a contracted employee) took it upon themselves to demand restructuring with the backing of several other on a committee and has over the last few weeks made it clear that the office manager position is now null and void and they want to replace it with a new role of CEO. In my opinion the organisation does not warrant a CEO especially given the wage is around £40k, very low. The member who ordered the change clearly wants the role as everything from the application to interview process is very secretive and not as open and transparent as you would expected of most top roles.
Now the office manager I feel has been treated very badly. They have told them that they have until a certain date to hand in their notice and resign. Now I don't believe legally they can do this as firstly the person authorising the change has no official authority, secondly it could be seen as age discrimation and finally if it was made public it would certainly reflect badly on the organisation which is both respected and very well known.
A few months ago a member of the organisation (not a contracted employee) took it upon themselves to demand restructuring with the backing of several other on a committee and has over the last few weeks made it clear that the office manager position is now null and void and they want to replace it with a new role of CEO. In my opinion the organisation does not warrant a CEO especially given the wage is around £40k, very low. The member who ordered the change clearly wants the role as everything from the application to interview process is very secretive and not as open and transparent as you would expected of most top roles.
Now the office manager I feel has been treated very badly. They have told them that they have until a certain date to hand in their notice and resign. Now I don't believe legally they can do this as firstly the person authorising the change has no official authority, secondly it could be seen as age discrimation and finally if it was made public it would certainly reflect badly on the organisation which is both respected and very well known.
Edited by sutoka on Saturday 22 May 04:59
essayer said:
How were they told; in writing?
Best thing at this point, I’d have thought, would be to do nothing and force them to make the role redundant. Hold firm and keep records of everything.
This is good advice. He should also have an initial consultation with an Employment Lawyer.Best thing at this point, I’d have thought, would be to do nothing and force them to make the role redundant. Hold firm and keep records of everything.
Muzzer79 said:
A company cannot force you to resign.
In certain circumstances, it can be in your interests to do so, but certainly not in this case.
I would tell your friend to refuse to resign and see what the company does next, which should be redundancy.
It's not a company, it's a charity. And by the sound of it, the person 'telling' the person to resign, doesnt even work for the charity.In certain circumstances, it can be in your interests to do so, but certainly not in this case.
I would tell your friend to refuse to resign and see what the company does next, which should be redundancy.
Tell him to do one.
he is getting paid from the charity so it is covered by the employment law...
https://www.warnergoodman.co.uk/site/for-business/...
https://www.warnergoodman.co.uk/site/for-business/...
Thats What She Said said:
It's not a company, it's a charity
Charities typically are companies. https://www.gov.uk/setting-up-charity/structuresSheets Tabauer said:
I thought members called the shots in a charity?
The Trustees (who are also Directors, if it's a charitable company) call the shots. In some charities that have the concept of 'membership', members vote on trustee appointments.Sheets Tabuer said:
Thats What She Said said:
It's not a company, it's a charity. And by the sound of it, the person 'telling' the person to resign, doesnt even work for the charity.
Tell him to do one.
I thought members called the shots in a charity?Tell him to do one.
Sheets Tabuer said:
So is it fair to say a member isn't just anyone?
Correct, although if involved the person referenced may be a trustee (normally a voluntary position - mine is anyway) - check the details of the trustees on the charity commission website.If they have the backing of the board they can push through things on their behalf (but best practice is to take indemnified advice - we got a HR specialist to run/be the face of our process)
It doesn’t matter that it’s a charity. It is still covered by U.K. employment law. You cannot be forced to resign. In the situation mentioned it sounds like a restructuring leading to a redundancy. As long as the redundancy is handled legally then the age of the incumbent is of no significance.
IF they really have been asked to resign, which would be a highly incompetent thing for any organisation to do, I suggest that they ask for the request to be put in writing.
With cases like this, often what is said by the person who is “targeted” and the reality are two different things. I am not sure from the opening post that we have all the facts here. Bottom line though is that it would be perfectly legal to make the person redundant as the role is no longer required. Forcing them to resign is problematic. I suggest the OP goes back and clarifies the situation before this thread goes down unhelpful rabbit holes of discrimination etc.
IF they really have been asked to resign, which would be a highly incompetent thing for any organisation to do, I suggest that they ask for the request to be put in writing.
With cases like this, often what is said by the person who is “targeted” and the reality are two different things. I am not sure from the opening post that we have all the facts here. Bottom line though is that it would be perfectly legal to make the person redundant as the role is no longer required. Forcing them to resign is problematic. I suggest the OP goes back and clarifies the situation before this thread goes down unhelpful rabbit holes of discrimination etc.
From an employment point of view the status of the organisation doesn’t matter. The same employment laws apply.
A charity should have a structure where certain members (normally a committee) have decision making powers for day to day stuff which comes you do include reviewing the needs for staff etc. Whether this is the case or if the creation of a nice CEO role is included in these powered is another matter. I was on the committee for a small charity and we wanted to restructure the organisation and did it via a motion at the AGM.
I would agree with the advice so far. Do nothing and wait and see what happens next. Applying for the CEO role could also make things interesting.
A charity should have a structure where certain members (normally a committee) have decision making powers for day to day stuff which comes you do include reviewing the needs for staff etc. Whether this is the case or if the creation of a nice CEO role is included in these powered is another matter. I was on the committee for a small charity and we wanted to restructure the organisation and did it via a motion at the AGM.
I would agree with the advice so far. Do nothing and wait and see what happens next. Applying for the CEO role could also make things interesting.
Sheets Tabuer said:
So is it fair to say a member isn't just anyone?
Not sure what you mean exactly? I'm a member of the John Muir Trust and they send out ballot papers when appointing trustees.The word "Membership" can have different meanings for charities: https://www.whitefuse.com/blog/charity-membership-...
sutoka said:
In my opinion the organisation does not warrant a CEO especially given the wage is around £40k, very low. The member who ordered the change clearly wants the role as everything from the application to interview process is very secretive and not as open and transparent as you would expected of most top roles.
The wage currently may be very low but the usual procedure is that the member will take over the role , get elevated to CEO & then get the salary jacked up to be commensurate with his new title & position. He'll be on £100k before you know it.anonymous said:
[redacted]
The OP is clearly stating an opinion not a factAs with any situation like this emotions always run high for those affected. The best advice comes from not allowing those emotions to cloud judgement and to simply ensure that the lawful process is followed.
I would also add that if its clear an organisation no longer wants you then its not even worth fighting. The response should be one of how much the incumbent will be able to achieve to leave.
craigjm said:
The OP is clearly stating an opinion not a fact
As with any situation like this emotions always run high for those affected. The best advice comes from not allowing those emotions to cloud judgement and to simply ensure that the lawful process is followed.
I would also add that if its clear an organisation no longer wants you then its not even worth fighting. The response should be one of how much the incumbent will be able to achieve to leave.
Thank you for the correction Craig. I should have read the OP more carefully.As with any situation like this emotions always run high for those affected. The best advice comes from not allowing those emotions to cloud judgement and to simply ensure that the lawful process is followed.
I would also add that if its clear an organisation no longer wants you then its not even worth fighting. The response should be one of how much the incumbent will be able to achieve to leave.
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