Case of constructive dismissal

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Case of constructive dismissal

Postby masterblasta » Thu May 28, 2009 9:31 am

The company I used to work for closed it's Head quaters, where I worked, and merged it with the European HQ. Because of the distance I am on a two month trial period, where I can take a voluntary redundancy package.

My roles are mostly unchanged, but I know it won't stay that way as I've already been told that teams will be merging. I'm now hearing from collegeues my roles will change to something a lot less interesting and less constructive than what i'm currently doing. I also suspect that the out of hours extra work , which I've been doing for over 9 years and accounts for about half of my pay, will be altered or taken away completely.

If the role, plus my pay, change, should I be given the information now? so I can make a decision about my future? Would it be a case of constructive dismissal to make these changes afterwards? Please let me know
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Re: Case of constructive dismissal

Postby zebo50 » Thu May 28, 2009 9:37 am

Hi,

The company that your working for, can't change your contract of employment without your consent. If they impose a pay cut and a change in job responsibilities, they have to dismiss you and then rehire you on alternative terms. If they made changes after your 4 mth period, it would be more than constructive dismissal. It would be actual dismissal. Your options are in that situation, I don't know. It's best to talk to a solicitor to find out more info. As a matter of good relations the practice should be that your company be up-front with you during this period, but as to whether their behaviour constitutes a breach of the terms of trust and confidence, I'm not completely sure. I hope that I have been helpful enough.
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