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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52188
Experience:  Qualified Employment Solicitor
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I have been with a company since 2000, resigned in June 2016

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Hello, I have been with a company since 2000, resigned in June 2016 and rejoined in a different role in January 2017. In my new role, I have a portfolio of 5 areas of the business to manage. We have a new manager and he has decided that one of these areas is reallocated to a new employee. He will reallocate responsibility for another area in the next couple of months, and another shortly thereafter - times tbd. We have both agreed that my role, ultimately, will not be required. I have been offered an alternative position which I did not want and have declined. The manager has said that they are not pushing me to leave but I naturally feel quite demotivated, they say I still have a portfolio and should continue as I am for now. Interested in your thoughts

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

So what are you ideally hoping for, given the circumstances?

Customer: replied 6 months ago.
Hi Ben - I am on one years notice for the company and 6 months notice for me - I guess I would like to get a year and go elsewhere - but I don't want a lot of hassle
Customer: replied 6 months ago.
It feels like constructive dismissal but I have been back with the company less than 2 years, so I believe it cannot be the case.

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.

Thanks for your patience. You are correct that you cannot claim for constructive dismissal as you need to have been employed continuously by them for at least 2 years, so you do not qualify. In effect they could very simply give you notice of termination and send you on your way, without having to think too much about the reasons for this or following a fair procedure.

In general, this would have likely amounted to a redundancy situation, but again as you do not have 2 years’ service you get no redundancy rights, such as redundancy pay or protection against unfair selection or procedure.

If they have made up their mind that your role will no longer be required and you do not think there is anything else suitable available for you to do, I would push them to terminate your employment and pay you in lieu of notice for the notice period due. This would at least give you the benefit of having a year’s pay as a lump sum and allow you to seek a new job, without the uncertainty or fear of being left with no income.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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