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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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, I am an Operations Director in a manufacturing company.

Resolved Question:

Hi, I am an Operations Director in a manufacturing company. I have been working with the company since February 2008, with responsibility for all production and warehouse activities. 7 months ago we were bought by new owners. Since then my role has been changed significantly. They have appointed a Plant Manager, not reporting to me, covering 40% of the production that I previously held responsibility for. Then, just yesterday they announced two new starters for logistics and warehouse management again reporting straight to the MD not myself. This was under my remit and I only found out when the announcement was made. I have effectively lost 2/3 of my job responsibilities without any consultation or consideration. There are no performance issues as the new owners have said they are happy with my performance but still they've done this.
I feel undermined and embarrassed and find it difficult to explain to my reports and colleagues what's happened.
Where do I stand? I really feel my position is untenable here but I can't afford to just walk away. My notice period is 6months.
Regards
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Have you raised any grievance about this either informally by asking or in writing?
Customer: replied 1 year ago.
No I haven't raised a grievance as I feel that in my position, that would be frowned upon. I have not raised it with anyone as its only this week that I feel their latest action is the last straw for me.
Regards
Darren
Expert:  Jenny replied 1 year ago.
Hi in the event that your role has been eroded you will be able to claim constructive dismissal if you are unable to continue working. However before such a claim can be made successfully in the Employment Tribunal you would have to demonstrate that you have taken all steps to resolve the matter before resigning.
This would include exhausting the company's grievance procedures.
I would therefore suggest that you tell them that you intend to raise a grievance and that you feel that you are being constructively dismissed, it may be that they will then either reassure you or offer you some sort of settlement to leave.
If necessary you will be able to take them to tribunal but this should really be a last resort.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Hi, thanks for reply. Should it reach a settlement stage what should I be looking for as a fair settlement?
My salary is £107k and 6 months notice.
Thanks
Expert:  Jenny replied 1 year ago.
it is difficult to assess without knowing more about how easy it will be to find alternative work etc. At the point at which they make an offer you would have to take legal advice to make it a binding agreement, at your employers expense.
In general terms though it would be unlikely to be more than 6 months salary as there is a cap in the Employment Tribunal on compensation at just over £78,000.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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