Serving notice: demoted and told when to take lunch!

Undervalued

Watergirl wrote: »

In your shoes I'd be having a meeting with him and explaining that he is not allowing you to do your job. You're not a Recruitment Consultant if you can't access the system or even go online. Is he allowing you to talk to or meet clients or candidates? If not, then you're not able to do the job for which you're employed and I would think you'd have a constructive dismissal claim. I think you probably would have anyway, but I'm in Recruitment, not Law.

Well I wouldn't!

Even if the OP did, where does it get him? He is not financially out of pocket. As pointed out previously, virtually all contracts says something like "such other tasks as the company shall require" so they can quite lawfully ask him to do pretty much anything that is not illegal.

Constructive dismissal claims are exceptionally hard to win. Less than 3% succeed. There are fees to pay which you won't get back even if you win.

Watergirl

Well I would! Perhaps you'd be happy sitting around doing sod all, all day, but I wouldn't, even if I wasn't financially out of pocket. I'd also not be happy about the way in which he was treating me; he can't even access his emails. Did you miss the whole bit about getting legal advice? OP is not happy in current situation. Do you know anything about Recruitment? He can't do it without any tools.

Where does it get him? On garden leave at home, which is where most Recruitment Agency/Business Directors would have sent him in the first place. Or, they can come to some agreement where he can leave early. This situation isn't helping anyone. I don't know any decent Consultant who would be happy in a fee earning role, unable to earn, as typically basics are not that high.

Watergirl

https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

Suddenly demoted.
Unreasonable changes.

It doesn't matter if it's hard to win. Seeing a solicitor would enable the OP to get correct information and then sit down to a meeting with his employer and negotiate a more acceptable outcome.

Or, if he wants to take a basic salary for 6 months, and do nothing he can do that too! His choice.

patman99

I cannot believe that it is legal to make him work (or even serve) a 6 month notice period.
Op what notice period does your contract state you have to give when leaving your job ?. I'll bet it isn't 6 months.

Definatly worth speaking to an employment or contract Law specialist to see if this period can be reduced to a month.

DandelionPatrol

Watergirl wrote: »

https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

Suddenly demoted.
Unreasonable changes.

It doesn't matter if it's hard to win. Seeing a solicitor would enable the OP to get correct information and then sit down to a meeting with his employer and negotiate a more acceptable outcome.

Or, if he wants to take a basic salary for 6 months, and do nothing he can do that too! His choice.

I admire your passion ...

But Constructive Dismissal goes before an Employment Tribunal, which under the present government has to be biassed against the workers in order to survive ...

Better I would have thought to go to an ordinary court and claim for loss of earnings due to removal of facilities ???

Undervalued

patman99 wrote: »

I cannot believe that it is legal to make him work (or even serve) a 6 month notice period.
Op what notice period does your contract state you have to give when leaving your job ?. I'll bet it isn't 6 months.

Definatly worth speaking to an employment or contract Law specialist to see if this period can be reduced to a month.

If six months is specified in his contract then it is perfectly lawful.

If the contract doesn't specify a notice period then an employee only has to give one week regardless of how long they have been employed.

Undervalued

Watergirl wrote: »

https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

Suddenly demoted.
Unreasonable changes.

It doesn't matter if it's hard to win. Seeing a solicitor would enable the OP to get correct information and then sit down to a meeting with his employer and negotiate a more acceptable outcome.

Or, if he wants to take a basic salary for 6 months, and do nothing he can do that too! His choice.

Of course it matters!

OK, the OP may be able to negotiate something by threatening action. The employer may feel it is not worth the hassle.

However if they refuse to budge then, to have even the slightest chance of winning a constructive dismissal claim he would have to exhaust the employers grievance procedure. Next he will have to file a claim and pay a fee which will increase to c. £1200 unless it is settled before the tribunal. All that will be going on whilst he is trying to settle into his new job. Finally he kisses goodbye to any possibility of a decent reference.

It could be argued that the real problem here was signing up to a contract that required so much notice and where a significant part of "normal" income came from a no doubt discretionary bonus rather than salary.

Takeaway_Addict

patman99 wrote: »

I cannot believe that it is legal to make him work (or even serve) a 6 month notice period.
Op what notice period does your contract state you have to give when leaving your job ?. I'll bet it isn't 6 months.

Definatly worth speaking to an employment or contract Law specialist to see if this period can be reduced to a month.

No harm in asking but ultimately the OP is a director and as such 6 months generally would not be seen as unreasonable notice.

And it doesn't matter if it is less the other way around.

billybudd

Watergirl wrote: »

Is the company an REC member? Or are you individual members of any governing body? Either will have access to a legal helpline, which you should be able to use.

Have your terms or pay changed since the demotion?

Failing that, I'd go and see a solicitor. Most (not all) I've seen in my career will give you 15 minutes guidance free. In your shoes I'd be having a meeting with him and explaining that he is not allowing you to do your job. You're not a Recruitment Consultant if you can't access the system or even go online. Is he allowing you to talk to or meet clients or candidates? If not, then you're not able to do the job for which you're employed and I would think you'd have a constructive dismissal claim. I think you probably would have anyway, but I'm in Recruitment, not Law.

The company is an REC member - although not sure if that would allow me access to them. It might worth looking at the cost of joining though.

Sinxe I originally posted I have been demoted further, with I real reason as I have been recording 70 calls a day as a Consultant. I am now Resourcing on another completely new division on the behalf of other Consultants, meaning that I am now working for people who I was previously superior to. The new role consists of headhunting people at work all day. There is also no commission scheme in place as there was previously.

I have consulted my lawyer who states that he shouldn't be allowed to do this as it is no "reasonable", but of course his lawyer disagrees and he got annoyed when I told him what my lawyer had said. He said that if I refuse work then he will take me down the disciplinary route of which I don't really have any knowledge of the implications and whether he could actually sack me successfully or not because my role and status has changed so much.

At the moment I'm doing the work but wondering about what would happen if I started to refuse on the basis that the work I am doing is normally done my work from home temps not company Directors!!

He has also said he will take me down the disciplinary route if I don't take my lunch at 12noon every day. I guess this is the treatment you get for being the company's highest billing Consultant 3 years running!

billybudd

patman99 wrote: »

I cannot believe that it is legal to make him work (or even serve) a 6 month notice period.
Op what notice period does your contract state you have to give when leaving your job ?. I'll bet it isn't 6 months.

Definatly worth speaking to an employment or contract Law specialist to see if this period can be reduced to a month.

It does indeed say 6 months. Lesson learned on signing something like this again in the future!