Constructive Dismissal
Discussion
Going through redundancy, been told I'm safe, but they've offered me a contract on about 35% of what I'm on now.
Sector is oil and gas, working overseas. I've been in this job out here for 14 years, same pay and bonuses, the bonus is made up of various attendance bonuses such as hardship, foreign service and a day rate based on my experience/position.
Seems they just want to pay me my basic with overtime.
My contract says the bonuses can change, which is true as they vary based on where you work, but I've been getting them for 14 years. For instance hardship will vary depending on the country you are in.
They've also changed my title and told me if I don't take it they'll give my job to someone else. I haven't signed anything yet and don't intend to.
Does this sound like constructive dismissal?
The company has always paid me well until now, even when I worked for them in the UK, we got shift premiums, OT and weekend rates.
My basic is actually calculated mon-fri so they are effectively shipping me overseas and expecting me to work weekends. The OT is only applicable if I work longer than a 4 week hitch.
I have another meeting soon, but just want to plan for any potential outcomes.
My boss out here does not want me to leave, this is coming from the UK plant where I am based.
Sector is oil and gas, working overseas. I've been in this job out here for 14 years, same pay and bonuses, the bonus is made up of various attendance bonuses such as hardship, foreign service and a day rate based on my experience/position.
Seems they just want to pay me my basic with overtime.
My contract says the bonuses can change, which is true as they vary based on where you work, but I've been getting them for 14 years. For instance hardship will vary depending on the country you are in.
They've also changed my title and told me if I don't take it they'll give my job to someone else. I haven't signed anything yet and don't intend to.
Does this sound like constructive dismissal?
The company has always paid me well until now, even when I worked for them in the UK, we got shift premiums, OT and weekend rates.
My basic is actually calculated mon-fri so they are effectively shipping me overseas and expecting me to work weekends. The OT is only applicable if I work longer than a 4 week hitch.
I have another meeting soon, but just want to plan for any potential outcomes.
My boss out here does not want me to leave, this is coming from the UK plant where I am based.
At the point where they tell you to take it or they will give the role to another person it is very likely to be constructive dismissal.
Since you cannot break an employment contract by changing its terms.
However as above you need a lawyer, since by only adjusting your bonuses and such, they may believe they are acting within the contract terms.
I think after 14 years of precedent they may struggle to make this case. But honestly Constuctive dismissal can be harder to make a case on than is widely believed.
Get the adjusted offer in writing and go to a lawyer with your original contract and the amended one.
As mentioned you need proper advice.
In the meantime keep copies of absolutely everything.
If you have verbal discussions write up some minutes afterwards - who/where/what was said on both sides. Better still try to get someone to attend to take minutes - I think that might even be a requirement of a redundancy process, worth checking.
You don't want a case that ultimately boils down to your word against theirs with no evidence. Evidence they haven't followed the correct processes will also count in your favor.
If it goes legal be prepared for it to take a very long time, I've heard of people waiting well over a year for a hearing.
In the meantime keep copies of absolutely everything.
If you have verbal discussions write up some minutes afterwards - who/where/what was said on both sides. Better still try to get someone to attend to take minutes - I think that might even be a requirement of a redundancy process, worth checking.
You don't want a case that ultimately boils down to your word against theirs with no evidence. Evidence they haven't followed the correct processes will also count in your favor.
If it goes legal be prepared for it to take a very long time, I've heard of people waiting well over a year for a hearing.
grumbas said:
As mentioned you need proper advice.
In the meantime keep copies of absolutely everything.
If you have verbal discussions write up some minutes afterwards - who/where/what was said on both sides. Better still try to get someone to attend to take minutes - I think that might even be a requirement of a redundancy process, worth checking.
You don't want a case that ultimately boils down to your word against theirs with no evidence. Evidence they haven't followed the correct processes will also count in your favor.
If it goes legal be prepared for it to take a very long time, I've heard of people waiting well over a year for a hearing.
2 years is the norm right now.In the meantime keep copies of absolutely everything.
If you have verbal discussions write up some minutes afterwards - who/where/what was said on both sides. Better still try to get someone to attend to take minutes - I think that might even be a requirement of a redundancy process, worth checking.
You don't want a case that ultimately boils down to your word against theirs with no evidence. Evidence they haven't followed the correct processes will also count in your favor.
If it goes legal be prepared for it to take a very long time, I've heard of people waiting well over a year for a hearing.
Take legal advice before any future meeting.
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