Company Merger

[cato]

Hi all...

My company has recently merged with a previous competitor and as a consequence my role has been significantly reduced.

I am a sales manager and previously been responsible for customer accounts globally (pretty much everywhere except UK). I would visit these countries on a regular basis. Since the merger occurred, pretty much all of my accounts have been taken from me and given to counterparts throughout the new organisation. I have gone from being constantly busy to pretty much 8hrs of doing nothing during my work day as I only now look after a small part of the business. I do realize that I am lucky to still be in a job as they could have easily got rid of me but it is simply impossible to continue whilst I have no responsibility of daily work. If i left my position would this reduction in responsibility be construed as constructive dismissal as no discussion has ever taken place regarding my loss of responsibilities or accounts etc. It simply occurred.

Any help appreciated.

Thanks Cato

[teaboy2]

Re: Company Merger

Before we can advise, what does your contract stipulate as being your work duties?

Was your contract transferred to the new company (if new company name) under Tupe when the merger occurred - Or is the company still the same company, that simply bought the other company. Or was the company you work for bought by the other company - we need the details of how this merger occurred to know if TUPE would apply to you.

If you can answer the above, then we can advise you more precisely based on your actual contractual standing with the company.

[cato]

Re: Company Merger

Hi...

I work in the UK for a Norwegian company before we merged with a Swedish company. My company merged as a 50/50 joint venture with the new company not one bought by the other.

My contract does not state actual roles and responsibilities just title and the need for frequent travel etc.

Thanks

[teaboy2]

Re: Company Merger

So basically it is still two separate companies acting together?

If that is the case, then all you can do really is speak to your direct line manager and express your concerns. If that doesn't work then sending a grievance letter would be your next step, prior to resigning - Though Constructive dismissal is very hard to win, but if you can show there was a considerable changes to your duties and work loads, which you have basically stated here has left you with no work to do at all, then you may have a case. But before you resign i would recommend you speak to your union if your a member or to Acas, who could act as a mediator for you and help resolve the issue.

[cato]

Re: Company Merger

Hi..

The merged company has now legally changed its company status to a single new company and name.. One new company not two separate operating companies.

[teaboy2]

Re: Company Merger

In that case your contract is subject to TUPE and your duties should not have been reduced at all. Though again follow my earlier advice but advise that as your contract and duties were transferred under TUPE they may be in breach of the law by reducing or limiting your original duties by passing them to others. This would also give you grounds for a likely successful constructive dismissal claim as you can simply say that when your contract was Transferred under Tupe your duties should not have been removed from you or reduced to the point where your literally having nothing to do whilst at work.

[cato]

Re: Company Merger

great help......much appreciated and thanks teaboy2