Employment Lawyers Can Answer Your Employment Law Questions
Hi there, I am about to go through a restructure at work where my role is being significantly reduced: I was managing 16 people and 4 core strands of the business (brand, campaigns, B2B and CRM) and it will be proposed that I will manage only 2 strands of the business (brand and campaigns only) and 5 people. Are you able to help explain my options and if I would have a case for constructive dismissal. Thanks
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Hi there, under 2 years sadly. I started May 2013 so 17 months
ok well to start with the basics, you cannot claim constructive dismissal or unfair dismissal. This is because you need at least 2 years' service with the employer. So even if the restructure is something you disagree with or find that it changes your job description and current duties, perhaps demotes you or has any other similar detrimental effect, you are unfortunately not able to challenge this legally. Your only options are either to raise a formal grievance internally to dispute this, accept the changes as they stand, or leave, but without being able to make a claim
so what could the outcomes be if I raised a grievance?
the employer could agree with all or part of the complaints and change things to rectify what was done wrong, or they can reject it and things will remain as they are now
if I had been there for plus 2 years would I have a case for constructive dismissal do you think?
well that depends on what the reasons for the restructure are, how it was handled, etc. Perhaps the employer could also consider redundancy, but it is all unfortunately irrelevant in this case and you cannot wait until you have 2 years service to then claim, it needs to be done now, as it is happening
how do you go about raising a grievance and to whom? is it a letter to my boss?
check if there is a grievance policy in your workplace and follow that. If there isn't one then it is done in writing to your line manager
what's the best to get traction/the response I want? Are there key things to log?
it will always depend on the issues complained of, but in your case you would need to highlight the reasons for the changes, why you thinkthey should not have taken place or how the effect on you could have been minimised
who has to hear the grievance? is it my boss's boss?
no it could be your boss
is it the appeal that has to go one higher?
do HR have to be involved?
it is not necessarily higher, but to a different manager who has not been involved so far. HR do not have to get involved but they can do, for example to sit in and take notes if necessary
ah ha I see. ok thanks for your help. it seems like I have little power due to the 2 years thing. I can't imagine a grievance doing much...
yes sadly your length of service lets you down but you have little to lose by raising a grievance
other than annoying my boss who could then make my life miserable!!!
well you know him better to judge whether that is a risk...
true. She might not be worth messing with!
it's just that legally you have nothing to lose - practically/realistically that is something you can evaluate better than me
understood. Thanks Ben, at least I have clarity on my options now. Appreciate your advice and promptness
you are most welcome, all the best