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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47367
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Story but - I have been unhappy in my current role (been

Resolved Question:

Hi, Long story but - I have been unhappy in my current role (been with company 3.5years and always been a high performer) and told my boss of my concerns around increased travel demands and a challenging colleague - My boss has since come back to me and said he now feels I am not correct for the role and he would like to replace me and offer me one of the following - A. A demotion in job title and rank but maintain same money (whilst fair will not work for me as will effect my cv.) Or B. for me to consider a settlement agreement - But they have then said if I did want the settlement agreement I need to give them an idea of what I am looking for? I'm not sure on the process but this seems strange?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 10 months ago.
Thank you Ben - the above is my story and its if this is the correct procedure from the company and an average of what I should request - I have no negative history with the company and have always performed weel just expressed my concerns around travel/colleague and this has all come about.
Expert:  Ben Jones replied 10 months ago.

What reason did you boss provide exactly when he said he felt that you are not suitable for the role? Please can you also tell me what you would ideally like to achieve so that I can advise? Thank you

Expert:  Ben Jones replied 10 months ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but if you provide the information requested, I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 10 months ago.
No Problems Ben, Boss knows I am not happy in the role and also thinks that my skill set is best suited to a position below... but this would mean I would be dropping two levels despite maintaining my salary which I find unacceptable from a CV perspective. I have never underperformed or been performance managed in any way. As I find the job option unacceptable I am left with only option 2 which is to consider a settlement - They have said I will need to work my contracted two months notice - but then I need to indicate to them what money I am looking for in the settlement - I have never dealt with this before - so not sure if this is the correct procedures for a company or how much I ask for? - I looked on line and it said 6 months salary (I earn £55k)
Expert:  Ben Jones replied 10 months ago.

Many thanks. I will get back to you at the earliest opportunity.

Customer: replied 10 months ago.
Hi Ben,Thank you - can you give me a rough estimate around a response - today/tomorrow?
Expert:  Ben Jones replied 10 months ago.

Hi there, sorry about the delay, I have been engaged in a tribunal all day and negotiations have carried on most of the evening hence I have not been able to reply fully. If it is ok I will do so in the morning but can you please let me know what your notice period is under contract as that will help? Thank you very much

Customer: replied 10 months ago.
no worries ben, two month notice period
Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. First of all the employer cannot really demote you without your consent because doing so would amount to a breach of contract and could potentially allow you to resign and claim constructive dismissal. However, the same could happen even if they make no changes but as a result of the current situation you find yourself in.

Constructive dismissal 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).

As an alternative the employee may either offer or be offered to leave 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 terms of what you can ask for then that is not always easy to work out because in the end it will have to be an amount you are happy to accept and the employer is happy to pay. I suppose you have to consider what you may be able to get if you were to claim for constructive dismissal and were successful. This would compensate you with a basic award (calculated in the same way as statutory redundancy) and loss of earnings for the period between which you leave and find a comparable job. As you can see that can vary depending on when you manage to get a new job but as a good starting negotiating point you may wish to start by asking for your notice period, a redundancy payment equivalent and 6 months pay. The employer may not agree with you and try to negotiate you down, which can be expected, but have a figure which you would be happy to accept and not go below so that you know when to end negotiations and not be pushed any lower.

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

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