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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 7146
Experience:  Owner at James Bruce Solicitors
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Looking for advise on constructive dismissal, Demoted,

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Looking for advise on constructive dismissal
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: Demoted
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Bullying Private
JA: Where are you located? Workplace termination laws vary by location.
Customer: 200plus
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. 

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

Please explain what has happened and how long you have been employed there

james bruce and other Employment Law Specialists are ready to help you
Customer: replied 7 days ago.
Thanks James. Employed by the organisation for over 4 years
Here are some of the issues
Customer: replied 7 days ago.
Demoted: Employed as a Senior Account Manager in 2017. Job title changed to Key Account Manager along with other team members in restructure in 2019. Last week, two team members were 'promoted' to Senior Account Managers.
All new revenue given to other team members, meaning that my income will significantly drop this year.
Previous Manager called me to tell me to watch out the Head of Department 'has been trying to get rid of you for a year' He detailed examples. Also pointed out that i'm treated differently from other team members
November 2021. After delivering the best financial results out of three teams, I was pulled into a meeting room and told that this isn't the job for me
Customer: replied 7 days ago.
Will you be calling me?
sorry for the delay system went down.

How may I assist

constructive dismissal is where you as the employee resigns from working with the employer due to the fact that you feel and find it impossible to remain working under the practices and treatment of the employer 

While there will have been no actual dismissal by the employer, where the employer has acted so poorly or where their conduct has fallen so far short of the required standards that an employee feels unable to continue to work for them, the employee may be able to regard themselves  as having been dismissed as a consequence of that conduct.

For your resignation to qualify as constructive dismissal, you must demonstrate that the breach was sufficiently serious to justify termination of the employment contract, and that the employer’s conduct directly resulted in your resignation.

You must inform the employer when you resign the reasons for doing so. Failure to document the reasons for your resignation can lead  to an adverse inference being drawn against you at a later date in any employment tribunal claim.

This could mean that an employment tribunal may be more likely to accept a defence argument that your employer’s conduct was not the true reason for your resignation.

The resignation letter should be used as formal notification of your reasons for resigning.

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