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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46798
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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In April 2013 I was proposed a managerial role managing a team

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In April 2013 I was proposed a managerial role managing a team of 7 in a client service department of a bank. My predecessor was promoted as Deputy Head and hence there was a vacant role which needed filling. Initially I was told the announcement would be made shortly after and was handed over management responsibilities & attended all relevant management meetings alongside other managers. The team I was part of was individually consulted to assess wether they had any argument against my promotions to which they all provided their positive consent. Time went on and I would regularly raise a question of the role announcement with my immediate manager to which she would always provide a trivial justification (i.e. authorisation held up in an approval queue by seniors etc). 9 months on, I again stress the fact that the announcement is yet to be made and my salary needs reviewing in line with new responsibilities to which I get told this would happen during the yearly pocket reviews in March in line with bonuses. During the bonus period I am given a bonus and an increase of almost 10% which brings my salary in line with the members of team that I am managing. I immediately hand-in my resignation letter and intention to revert back to my previous role, which leads to further fruitless verbal discussions with my immediate manager and her senior. A month on and no attempt has been made to advise my team of my withdrawal from the role and I prompt my line manager to take immediate action to avoid further team confusion and she formally announces my withdrawal from the post to the team. Two months on and a new manager is announced to take on the role. The new candidate is an experienced manager who had been managing another team within the organisation. What's more my manager expects me to train him on some of my previous responsibilities. I am currently off of work extremely stressed. Please advise!!
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and is your resignation still in effect?

Customer:

Hello, thanks for coming back to me

Customer:

I have worked in the organisation for 7 years in total

Customer:

yes my resignation is still in effect

Ben Jones :

What do you hope to achieve in this situation?

Customer:

I actually didn't mention the fact that I was told there was no budget to cover the management role during the salary discussions

Customer:

and at this stage I would like to understand why there was no budget for me when there seems to have been for my predecessor and for my replacement

Customer:

not to mention the fact that all my hard work and commitment so far has been tarnished because of this situation hence a valid answer as to why would be ideal

Ben Jones :

ok thanks let me get my response ready please

Customer:

sure

Ben Jones :

Now that you have resigned you are potentially looking at constructive dismissal, which occurs when the following two elements are present:



  • Serious breach of contract by the employer; and

  • An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.


 


A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).


 


The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.


 


So even if you have handed in your resignation you can still raise a formal grievance with the employer to ask them to deal with this officially and provide a formal response.


 


However, if nothing gets resolved and you feel you have to leave the job, then following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.


 


An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.

Customer:

Thanks Ben, that's extremely useful information

Customer:

Can I just clarify that although I have resigned from the managerial role, I have actually reverted back to my previous role and am still working for the organisation

Customer:

so, does the constructive dismissal argument still apply?

Ben Jones :

I see what you mean, generally when you resign from a position you resign from the company, you do not revert back to the old position you were in. So that is why you should avoid the term 'resign' because that means you are leaving your employment altogether. So if you had no intention of leaving the company at this point ion time you need to make it clear that you are not resigning as such but that you are simply not willing to continue in the new position and that you are requesting to revert back to the old job. Of course the employer could refuse to allow you to return to the old job in which case we go back to the constructive dismissal option again

Customer:

My apologies, what I should've said is that I withdrew from the managerial position and reverted back to my old role

Customer:

I have been in my old role for two months now

Customer:

they have accepted my return to the old job and have hired someone else to cover the manager's role

Ben Jones :

I see, thanks for clarifying. So in that case you have not resigned from the job as such and are still employed by them and your employment will not be terminating, unless you formally resign from the job. In this case you are best advised to pursue the grievance route as a starting point, then consider your options depending on the outcome of that, and your rights in terms of pursuing constructive dismissal remain unchanged, should you wish to pursue that option following the grievance outcome

Customer:

Great thanks

Customer:

Is the option to leave under a settlement agreement still available after a formal grievance has been filed?

Ben Jones :

Yes, that applies at any time

Customer:

Many thanks for your help, extremely appreciated

Ben Jones :

You are most welcome, glad to have helped

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46798
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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