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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51178
Experience:  Qualified Employment Solicitor
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I have been employed with my current (full-time) for one

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I have been employed with my current (full-time) for one year and 10 months (under 2 years). I was asked 4 months ago to take a lower position in the business (which I duly accepted) my remuneration was not affected. I have not received an updated contract to reflect this so I presume my existing contract is still valid. 2 weeks ago I was placed on a performance improvement plan which in my view was vague, ambiguous and measurable and unachievable. I attempted to mediate to no avail. Do I have a case for constructive dismissal (I appreciate the devil is in the detail but I'm really just looking for a guide on whether to engage in employment lawyer?

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

Customer: replied 5 months ago.
Thank you Ben, my first time using this service

Why were you asked to take a different position and why were you placed on an performance improvement plan exactly?

Hi there. I'm not available to talk at this present time but if you provide the information requested, I will look into this for you. Thanks

Customer: replied 5 months ago.
It was indicated to me verbally (under a new general manager) due to changes in past poor business performance for the region (I was responsible in part for that) that I would no longer be a vice president and subsequently needed to take a role as an individual sales contributor in the region. I duly agreed. The pip related to the previous year's performance 2017 and set out a financial target to achieve by March 31, 2018... Along with some ambiguous commentary than I needed to lead and motivate the team. Due to the written confirmation of my position change I no longer had direct reports. I had already indicated with the management team at the beginning of this quarter... first 2 weeks in January that due to extenuating circumstances was no confirm business... This was duly noted and no action was taken at the time. The pip was initiated or attempted to be initiated in the 2nd week of February. I'm just gonna make a determination if I'm fighting a lost cause and should just accept or whether there may be grounds for some sort of legal appeal
Customer: replied 5 months ago.
It might be worth noting that although I had a plan for 2017 I have not received a plan for 2018 and as I understood it a PIP can only be applied when there is a plan in place which had been duly accepted by an employee?

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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