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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48201
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was red as Chief Experience officer company in December. I

Resolved Question:

I was hired as Chief Experience officer for a company in December.
I still have no job role or description, have repeatedly asked for discussion about role, boundaries, process and responsibilities. Nothing agree as yet. No discussion with other C suite executives. Cannot do the job I was hired to do as others in management team own core elements. Am in an untenable position. Believe I have been bullied. Think it might be constructive dismissal. Not entirely sure what to do. Stock options part of package. Any idea son how to handle?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I do not own any of the core elements required to fulfil my job. A CXO is responsible for the delivery of the customers experience across all touch points. Including Customer service, messaging, all interfaces, design, copy, imagery, visual design, user journeys, user interaction. CMO and CPO own these. CMO told me in writing " we cannot share the space" two months into my role. CEO ( line manager) refuses to define my role in any detail.Quote from today is "the design is shit" and I don't own that either. Not sure what info you might need that helps. Apologies just let me know. Thanks, Clare
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Hi Clare. Have you spoken to your manager or HR about this at all? Also, what would be the ideal outcome for you in this situation?

Customer: replied 1 year ago.
No. She is part time and having requested a job description I have got no where I;m afraid. Its really about negotiating a way out and handling settlement negotiations I suspect. Only in post six months not constructive dismissal here.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
No worries. Thanks and good luck.
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The issue you have here is that unless you have 2 years’ continuous service you cannot claim constructive dismissal or unfair dismissal. This means that you could be forced to resign as a result of the employer’s unreasonable behaviour or be dismissed for no apparent reason and you will not be able to challenge that. Your only protection would be against discrimination, such as if you were treated detrimentally because of a protected characteristic, such as age, gender, race, religion, etc.

So whilst you can start negotiations about a settlement agreement and a mutually agreeable exit, you have to remember that your bargaining position is quite weak as they can very easily just issue you with notice of dismissal and pay you your notice period, holidays and any rights you have on the stock options. What rights you have on these options very much depends on what they are described as and any specific rights you have been awarded under their terms and contract. This article explains this in a bit more detail:

http://settlementagreements.com/share-options-on-termination/

I think in this case it is best to highlight the employer’s failure to adhere to some legal obligations like issuing you with written employment particulars (basically a contract), which they must do within 2 months of you starting. Whilst that would not allow you to make a standalone claim against them or give you any rights to challenge dismissal or resignation, it does give you some bargaining power as you have identified they have not followed the correct legal obligations. What package they offer as a severance however is more or less up to them, as you cannot challenge their actions, which means that you do not have much leverage to force a good settlement out of them. It does not mean you won’t, but if they are not prepared to entertain that, it would be difficult.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Thank you Makes perfect sense. And is correlating with other advice. Many thanks and hope all went well today.
Expert:  Ben Jones replied 1 year ago.

You are most welcome and thank you. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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