False promises/redundancy compensation

[Serenamon]

Eighteen months ago, I was hired by a startup creative and production agency to lead their creative department.
At the time, I was the only member of the department. Shortly after, we hired a junior team member, whom I have managed since then.
Six months ago, during my first yearly review, I received a pay rise and was presented with the prospect of becoming the future Creative Director, with options or shares in the company.
Although the company was satisfied with my work, I repeatedly raised concerns about the lack of resources necessary to produce the quality of creative work I aspired to. The company directors reassured me that since the clients were happy and the budget was limited, this was acceptable. They assured me that as soon as the budget allowed, they would hire additional support. This commitment is documented in my review from six months ago.
No issues have been raised with my work over the past six months, and I have not received any verbal or written warnings. However, a week ago, during a call with the two directors, I was informed that they plan to expand the company in a new direction that they feel does not align with my skill set. As a result, they plan to hire a new Creative Director to lead the team.
While currently on annual leave, I emailed them to question this sudden change of direction and to inquire about their vision for my future role. In response, they began listing issues with my work that had never been mentioned before and outlined a new role for me within the company. This new role carries significantly lower responsibility than my current position and removes many of the objectives agreed upon in my review.
At this point, I no longer wish to remain with the company, as trust has been broken.

Do I have solid grounds to claim compensation based on false promises and the fact that they are essentially making my original role redundant by changing it?
What’s the best way to move forward as soon as I am back from annual leave?

[atticus]

As you have not been employed 2 years, your rights are limited. You are not protected from unfair dismissal and have no right to a redundancy payment. The new government plans to abolish the 2 year qualifying requirement, but this may not have retrospective effect, i.e. will probably only help new employees.

Consider whether to move on. You may be able to suggest to your employer that you would consider moving if they make you an offer you can't refuse.

[Serenamon]

Thanks for the prompt reply.
That sounds quite grim.
If i have no rights to unfair dismissal/redundancy payment what kind of leverage does someone in my position generally have? Could you provide any example to help me understand?
If no official revision of my contract/role is offered by my employer, could I hold onto the job until I reach the 2 years mark and then claim for breach of contract/ constructive dismissal?
thanks again for the help so far!

[Retromau5]

Any claim at an employment tribunal in most circumstances needs to be made within 3 months minus 1 day, (such a random time frame) so you wouldn't be able to hold out until you've been there 2 years. I know it's bad that what you were led to believe about your future hasn't happened, but sometimes businesses do have to change position to suit their needs and current climate. They're also offering an alternative role within the company so their argument could be that they tried to accommodate you as best they can and limit any negative effects of the change.

I'd say the potential for you to win any claim against them is low, consider digging in and proving to them that they need you or look for another job and put this experience behind you.

[Serenamon]

Thanks for the reply
Sorry I think my question wasn’t clear, with
“If i have no rights to unfair dismissal/redundancy payment what kind of leverage does someone in my position generally have? Could you provide any example to help me understand? ”
I was referring to Atticus response “You may be able to suggest to your employer that you would consider moving if they make you an offer you can't refuse”
I am just trying to understand what I could suggest to my employer.
thank you

[atticus]

You appear to think that something in "you may be able to suggest to your employer that you would consider moving if they make you an offer you can't refuse" is unclear.

I was suggesting that you seek to engineer a payment for an agreed termination of your employment.

You might ask something like "I am getting the feeling you think me working for you is not working out." Depending on how they respond, you might work towards enquiring if they would consider offering a severance package.

[ULA]

Unfortunately you have little or no leverage.

You could set out, in an email, your disappointment that having a good review 6 months ago, for which you were recognised with a pay increase and possibility of other future benefits your work now appears to not be satisfactory. Ask why this is the first time you are being made aware of this and that it appears this is their justification for offering you a position at a lower level than you are currently in. Explain that this has damaged any trust and confidence in the business which you feel is now not an environment you want to continue working in and would they consider terms for agreeing to you leaving the company.

They may well just say then leave and legally they do not have to offer you anything but you may be able to negotiate a small sum to go.

[Serenamon]

Thanks for the reply. I have been sent my new job description on the 4th of September. Before that I just had a couple of meetings with the two directors to discuss the current situation.
According to what they are saying they want me to stay with the company, however they proposed a demoted role and job title.
I started working with the company on the 1st of December 2022.
In regards to Retromau5 message
“Any claim at an employment tribunal in most circumstances needs to be made within 3 months minus 1 day”
I would like to understand when does the time starts counting? From the moment they made me aware of the intention to change my role, from the moment they shared a written description or from my acceptance of the new role?

[ULA]

Given that you have less than 2 years service then you have no rights for bringing a claim for unfair dismissal if you were made redundant or left the company of your own accord.

They appear to be offering you a new "demoted" role, is that on same salary /benefits?

If yes, you may want to consider taking it and seeing how this and the structure changes go, you may find you still enjoy working there. If after a time you are not enjoying this new role, then you can start looking for an alternative role.

If the salary is lower then you may still want to consider agreeing to take the job because at least you will still be receiving an income and then start looking around for a new job. It is always better from a CV perspective to be looking for a job whilst you are still employed.


The time mentioned of 3 months less a day for making a tribunal claim would be from termination date in this case, however as you do not have the length of service is is irrelevant.