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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47608
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been told today that they are outsourcing the reception

Resolved Question:

I have been told today that they are outsourcing the reception at work. I am the only receptionist and worked for the company for 13 years. I have worked hard and all staff appreciate the extra things I do for them. I had no idea this was going to happen. The company is falling my hand to either accept the outsourcing or resign. Is this classed as Constructed Dismissal? I am 62yrs old. They will not make me redundant and I will lose my bonus which is due in December. The outsourcing will happen in October. Any advice will be appreciated. Thank you.
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. Why do you not want to move to the company taking over?
Customer:

My reception desk is in the 1st floor in Exec area and they are going to move the desk to the ground floor with security.

Ben Jones :

If your employer is outsourcing your job and a new employer is taking over your employment then you would be expected to transfer over to them. Your existing terms and conditions should remain the same and the new employer will simply be stepping into the shoes of the existing one, allowing you to continue doing your job as it was done now. There may be slight changes made to it but in general all contractual terms would need to be retained. There are a few exceptions when contractual changes could be introduced too but this can only happen if they are needed for technical, organisational or economic (ETO) reasons.

If you do not wish to transfer then you have the option of opting out of the transfer but that would be classified as resigning.

The circumstances when you could potentially claim constructive dismissal is if the new employer is going to introduce significant changes to your existing contract where they cannot justify them for being for an ETO reason. In your case the reason you are trying to rely on is that your reception desk will be moving to a different area of the building. Unless your current contract specifically mentions where your desk is going to be then this would not be a contractual change and in general such a move would not be considered a significant change to your contract anyway. They are not altering your duties, reducing your pay, taking away benefits and so on. The new area may not be as nice as the old one but it is still a working station and as long as your other main terms are remaining the same then it is quite unlikely that this reason on its own can be used to justify a claim for constructive dismissal.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you Ben. Thus had been very helpful and your information and advice has made me make up my mind what I am going to do about this situation.

Ben Jones :

Glad to have been of help, all the best

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