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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed with an organisation since 2000, with

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I have been employed with an organisation since 2000, with a 2 year break and returned 2002. I have always been in a senior / middle management position with this organisation, and have a reputation of being highly experienced and a high performer. I have nothing negative on my record, and have been promoted several times - although never had a perfromance appraisal. Following a recent client contract extension negotiation meeting I have been told by my Director that the feedback from 3-4 of my clients was not good and that I will be removed from my department and will either be moved to another role or be offerred a severance package. I have not had any detailed information of what the feedback was, nor have had an opportunity to respond/defend my position. I have not been suspended or dismissed. I have had a 'off the record' discussion with HR at which it was said that to avoid the unpleasentness of an investigation and perhaps performance management etc it is thought best to offer me a different role or severance package. The role offerred is junior to my current position but on my current salary or a severance package of 3mths in lieu of notice and 6 months pay. What action do you advise?

Ben Jones :

What is your specific question about this? I'm just going offline but I will be able to look at this in the morning if thats OK?

Customer:

What action do you advise I take? Do you think I should take out a grievance for constructive dismissal perhaps? What are my rights?

Ben Jones :

What would you like to do in the circumstances? Do you believe you can continue working there taking into account what has happened?

Customer:

Regrettably, I dont think I can continue to work there. I think I deserve a better package though.

Ben Jones :

In these circumstances you have two options: resign and claim constructive dismissal or try to negotiate a better severance package.


 


The constructive dismissal claim could be difficult in general because these claims place the full burden of proof on the employee so it is essentially your claim to prove. It is traditionally one of the harder claims to win. However, you can use the prospect of making such a claim to your advantage, make it clear that you believe you are being constructively dismissed and state that whilst you would rather part company amicably and not claim, you would only do so if the offer is increased. The issue is that they do not have to agree to this request and may still try and push you into leaving or even dismiss you. In the case of the latter, you can claim unfair dismissal which would usually be slightly easier to pursue that a claim for constructive dismissal.


 


So whilst you can try and negotiate an increased package, using the potential claims as leverage, remember that they do not have to accept your requests and can proceed as they wish. In such a case you have to seriously consider your options in terms of making either a constructive dismissal or unfair dismissal claim, depending on what happens.


 


Finally, remember that even if you have to make a claim, there will be the opportunity to negotiate settlement whilst the claim is proceeding to a hearing.


 


Please let me know if you need any further help with your query. If you do not, I would be grateful if you could please press Accept before exiting, many thanks.


 

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