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In need of advice with what appears to me to be Constructive Dismissal.

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  • In need of advice with what appears to me to be Constructive Dismissal.


    Hi All, I am new to the Forum but hope you can point me in the right direction!

    I am a permanent member of staff, and have been working for a multinational company for some 20+ years. Some 5 years ago I was promoted and moved to a new Plant at a very senior position.
    A couple of weeks ago week my Manager visited the Plant (as part of a pre-scheduled regular visit) and during the visit he had a private 1-1 with me. The distillation of the unexpected discussion is summarised as follows:
    He assured me I was doing ‘a good solid job’.
    He advised me that his Manager wants people to move on after several years so that 'they do not get bored'!
    He asked what my career aspirations are?
    I explained that I am loving the role and responsibility, I think I am doing a good job (and he agreed), and as I have a big family with several young children at critical education stages I was not considering any disruptive change for a couple of years. Also, that I was not considering a move to Europe, but would be happy to consider a move within the UK (in the two years just mentioned). I highlighted one task that is currently on my work horizon – to replace one of my Senior Staff who is fast coming up to retirement.
    He advised me that currently Senior Level opportunities for me within the UK are rare.
    He informed me that they have already considered the replacement for my Senior Staff, that ‘they have it covered and that I should not be concerned by this task’!
    He informed me that they have also considered my replacement and the considered individual is able to move to my location and take up my role!
    He informed me that we could now get our HR Department to get involved and offer me support me with my CV and anything else to enable my exit from the company!


    The discussion was verbal, calm and professional. I did however convey to him that it was unexpected, a shock and a disappointment.

    Over the last couple of weeks I have heard no more about this, either from my Manager (who I have had opportunity to have 1-1 meetings with to discuss work related issues), or from the HR Department or from anybody else in the company. Naturally, this has left me unsettled, anxious and concerned about my future. Where I was happy with my job, enjoying the role, and not considering an exit I am now unnerved, losing sleep over it and considering my departure!

    I am not an Employment Law expert but (i) the fact that they had considered the replacement of one of my senior staff reporting to me with no consultation or communication with me, (ii) the fact that they have considered my replacement (again with no consultation or communication with me), and (iii) the fact that they are offering the HR Department to get involved and help me polish my CV etc. seem to be pointing to a Constructive Dismissal. Am I right in coming to this conclusion and if so what advice would you be able to give me. I am considering writing to my Manager with the Summary of the discussion, explain how it made me feel and ask for clarification of the Company's Intentions? Or, should I be waiting for him to reopen the subject? Or, should I be doing something different?

    Thank you.

    Tags: None

  • #2
    This is not constructive unfair dismissal unless you decided to resign and can support such a claim.

    My initial thoughts are that you should certainly write to your Manager and also copy in HR, to get some clarity on the discussion you had and to find out exactly what the intention is for your employment in the company. Without something in writing all you have is a discussion, that does not appear to have been followed up and I imagine is leaving you feeling a little concerned.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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    Comment


    • #3
      Originally posted by ULA View Post
      This is not constructive unfair dismissal unless you decided to resign and can support such a claim.

      My initial thoughts are that you should certainly write to your Manager and also copy in HR, to get some clarity on the discussion you had and to find out exactly what the intention is for your employment in the company. Without something in writing all you have is a discussion, that does not appear to have been followed up and I imagine is leaving you feeling a little concerned.
      Thank you ULA, shall do as advised.

      Comment

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