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Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44937
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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employment law

Customer Question

employment law
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

On what basis does she hope to take this to a tribunal please?

JACUSTOMER-55bt00gl- :

On the basis i have outlined above in the question. In simple terms:
* 13 years of

JACUSTOMER-55bt00gl- :

On the basis i have outlined above. If that is not clear can i decline and have my money refunded.

Ben Jones :

OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

By the way would her salary also be reduced?

JACUSTOMER-55bt00gl- :

yes. It would probably be reduced from aroun 55k to 40k. the change of job would be cosmetic in order to justify the reduced salary. The problem is the company is bloated. it has taken on two many tiers of management and it would be sacrificing one in order to protect another for political rather than business reasons.

Ben Jones :

great, thanks, nearly done

Ben Jones :

If she was going to consider going to tribunal then the only claim she can potentially make is one for constructive dismissal. This is not an easy claim to make and it must be shown that the employer has committed a serious breach of contract which has made her position unbearable and she is left with the only option to resign and make that claim. It is a difficult claim because it would be for her to prove that there was a breach hat was s serious and that her resignation was justified, so it is not for the employer to show that their actions were fair.

Their actions could be justified, even if they appear to be unfair. I am certainly not saying they would be here but it is a possibility and have seen it happen before. For example in the event of formal reorganisations where the business needs to streamline its operations, reduce staff, make things more financially viable – it is possible to reorganise jobs and it could also result in a drop in pay but the employer would have to show that it was necessary rather than just an attempt to reduce employee’s pay without there being a sound reason for it.

So there is a way for her to claim in tribunal but a successful outcome is certainly not guaranteed and to claim she would need to resign her position first and then make the claim for constructive dismissal. This is where the risk lies – she is giving her u her job in order to pursue the claim, where she cannot guarantee she will be successful.

Ben Jones :

It does not mean she cannot challenge this though, without having to go to tribunal - first she needs to see what is actually proposed, then she can pursue the formal internal grievance process to formally raise her concerns with the employer and ask them to conduct a formal investigation and a formal decision, which she can appeal if necessary. Once that has completed should she be thinking about a possible tribunal claim

JACUSTOMER-55bt00gl- :

thank you. So the safest route would to accept the lower paid job, with a revised job title and then bring out a greivenance based on the fact that she was doing exactly the same work and the situation had been manipulated.

JACUSTOMER-55bt00gl- :

sorry. I found out one last thing. People are being offered rdedundancy. But having to work a a notice period. They are then being allowed to be iintereviewed for their new jobs, at a much lower rate, but doing the same thing. They are not guaranteed to get the jobs.

Ben Jones :

She should not accept the job unless she is planning on resigning. What she needs to do is to refuse to accept the new job, or if she has to continue working with them until a grievance is heard - state that she is working under protest so that it is clear she has not accepted it. Then depending on the grievance outcome she may wish to decide to resign and if that is the case that is when she accepts the changes and resigns immediately in response to these.

Ben Jones :

The other information you found is not surprising, but won't change her rights as explained above. Hope this clarifies your position?

Expert:  Ben Jones replied 2 years ago.
Hello Charles, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you

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