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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50518
Experience:  Qualified Employment Solicitor
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I have been in my current role years and over the last

Customer Question

I have been in my current role for 5 years and over the last few months I have seen my employer advertise my role both internally and externally. I had asked whether this new role would report into me as I was keen to build a team and the regional presence for the company - I was not given a decisive answer rather that the organization had a relatively flat structure. Today I met with my boss and he stated that he had recruited someone into the role and that I would have to seek other employment either within the organization or externally. I asked what support would be offered to me in finding a different role within the organization and he said he would be happy to provide a reference but to use my internal network. He has stated that I would need to transition out of role over the next month and find alternative employment within that time frame. I am at a senior level in the organization on a base +bonus comp package, I was recruited into the role based on my professional network and subject matter expertize over the last 5 years I have "Highly Valued Contributor" status in my annual appraisal and have further personally invested in achieving my EMBA over the last 2 years. My contract of employment is not fixed term and my notice period is 2 months. I really need to understand whether my employer is acting within their rights or if I need to seek legal council. I have been asked to attend a meeting tomorrow to begin a transition to the new person in role.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello is this in relation to US or UK law?
Customer: replied 2 years ago.
Expert:  Ben Jones replied 2 years ago.
So your role is continuing to exist but they have simply engaged a direct replacement?
Customer: replied 2 years ago.
Yes the role continues to exist - they advertised the role to be located in London/Amsterdam/Zurich - they have recruited an external candidate in Amsterdam. At no point did they discuss whether I would be interested in relocating.
Customer: replied 2 years ago.
Essentially, tomorrow I am being asked to hand over my network and intelligence without any support to secure a new role within the organization. My role is very specific - Vendor Alliance Management.
Expert:  Ben Jones replied 2 years ago.
Based on what has happened so far, it is unlikely they have acted in accordance with the law. You are employed in this role and you have the right to remain in it, unless the employer can find a fair reason for removal. This would be for redundancy, misconduct, capability or some other substantial reason. If the role is being relocated to a different location then that would potentially amount to redundancy. However, as part of a fair redundancy procedure the employer has to consult with you and offer you suitable alternative employment and there would have been an expectation on them to offer you the relocated position for you to consider. If you did not believe that it was a suitable alternative you could have rejected it and opted for redundancy instead where you would have been entitled to a redundancy payment. However, I do not believe that the employer ever intended this to be a redundancy. I think they just wanted to replace you and this is not really legal. You can therefore challenge this move and will likely have reasonable grounds to claim constructive dismissal. This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and how it could apply here, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 2 years ago.
My response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? Remember I have further details about how to take this matter further so if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page, then I can continue helping. Thank you