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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50160
Experience:  Qualified Solicitor
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I have worked company now and a half years,

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I have worked for this company now for four and a half years, I have known the owner for 20 years plus and he always chased me to go and work there with him which after 21 years and 5 months with my previous company, I agreed to do. Following an acquisition by the company that I joined this four and a half years ago and with a new sales and marketing director my position as Sales Manager has been reduced to me reporting to a Field Sales Manager without any discussion or consultation with me from either the owner or the the new Sales and Marketing Director. I have not accepted this situation and requested a meeting with the owner two weeks ago which was cancelled owing to his ill health.Can you kindly advise me where to go with this please, I have just turned 60 years of age, been in the fine food food trade since 1974, I know I have a great friendship and reputation in this business with the likes of the directors of Partridges, Duke of York Square, London SW3 4PL, Fenwicks PLC, Debenhams, Harvey Nichols etc. Also on a recent reissued account handlers list the likes of Debenhams, Harvey Nichols etc have been taken off me and given to a younger person despite my extremely strong relationships with the the buyers in these accounts.Please advise, Many thanks and kind regards, ***** *****
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When were these changes made?
Customer: replied 2 years ago.

Hi Ben in a meeting on Monday 5.10.15 without any prior meeting or notification to me, just announced at the meeting in front of me and the sales/marketing team. Kind regards, Trevor

Hello Trevor, this could potentially amount to constructive dismissal, which occurs when the following two elements are present:· Serious breach of contract by the employer; and· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away. If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal. Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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