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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hi, My son is in sales and has handed in his notice to join

Resolved Question:

Hi,

My son is in sales and has handed in his notice to join another firm, not a direct competitor but one nonetheless.

His present employers have told him that he has to work his notice but has to work in admin in another part of the business. There was no discussion and when my son asked whether there were other options he was told no.

Does he have any options apart from leaving and breaking his contract or accepting the decision?

Regards,

Keith
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Alex Hughes :

Is his pay being reduced? Or will he be doing the admin job for the same money?

Customer:

Admin job for same money. They have taken his phone and laptop off him as well as office keys.

Alex Hughes :

OK. Bear with me for a few minutes while I draft an answer.

Alex Hughes :

Thanks for your patience. If your son does not accept the demotion, even though he is on the same pay, he could leave immediately and claim constructive dismissal. He would need to show that:



  1. His employer has committed a serious breach of contract

  2. He felt forced to leave because of that breach

  3. He has not done anything to suggest that you have accepted their breach or a change in employment conditions

Alex Hughes :

If your son accepts the job on the new terms then he will not be able to claim constructive dismissal.

Alex Hughes :

If he is successful in his claim for constructive dismissal your son could claim damages for wrongful dismissal e.g. breach of contract.

Alex Hughes :

The point is that although he has resigned from his current position, his employer is forcing him to accept unreasonable changes to his employment without his agreement e.g. demotion.

Alice H and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Alex,


 


Thank you for your help here.


 


I have rated your answer.


 


Best regards,


 


Keith