Settle or constructive dismissal?

ConfusedGuy2020

Hi, I'm in a difficult situation and have already spoken with my home insurance legal cover (said it's my decision to make). Also awaiting a call back from my professional body's legal service. 

I've been employed for 7 years in October with my employerer, so 6 full. I have been on the receiving end of being managed out based on a new boss clearing out the predecessor's people... imo. I have a pristine record, on target most recent annual review, achieved multiple promotions, liked by my staff and peers. My new boss changed my role in April and is blaming me for the results of that area prior to me managing it. I have had an unrealistic quantity of asks placed upon me (roles done by teams given to me to absorb). And I have email proof of being told I need to get my * together, unfairly (evidence proves the statement is unfair). I can also prove in writing that I escalated over my boss having tried to address with them too.

No training has been given and manager input has been contradictory and imo deliberately micro managed without smart goals and direction. 

On Sunday I complained in writing with evidence to HR.

Unlinked to my complaint, on Monday I found my job advertised on LinkedIn. Line by line it is me, the job title a clone, I received no warning, we are meant to be under a recruitment freeze. The job advert also specifically requires a quantity of years experience older than my age, as in nearly 20 years' experience. I mailed my bosses and HR to ask if I'd been fired, I am now only in correspondence with HR.

A verbal discussion to get a feel for settling took place, by HR. I have a more formal conversation with HR this week booked. Clearly they didn't mean to publish the advert as they removed it same day, after I took copies. 

What's a fair nongreedy winnable settlement here before deciding to reject and resign under protest??? I believe I have a case for asking for a year. My notice period is only a month though and I see the courts are slammed now. 

I'm not looking for my day in court nor to be greedy. I want to ensure I'm not taken for a ride by a firm that's making millions in profit at cost to statutory rights. 

I'm a higher rate tax payer so the amounts in question aren't insignificant. 

Thank you! 

Undervalued

ConfusedGuy2020 said:

Hi, I'm in a difficult situation and have already spoken with my home insurance legal cover (said it's my decision to make). Also awaiting a call back from my professional body's legal service. 

I've been employed for 7 years in October with my employerer, so 6 full. I have been on the receiving end of being managed out based on a new boss clearing out the predecessor's people... imo. I have a pristine record, on target most recent annual review, achieved multiple promotions, liked by my staff and peers. My new boss changed my role in April and is blaming me for the results of that area prior to me managing it. I have had an unrealistic quantity of asks placed upon me (roles done by teams given to me to absorb). And I have email proof of being told I need to get my * together, unfairly (evidence proves the statement is unfair). I can also prove in writing that I escalated over my boss having tried to address with them too.

No training has been given and manager input has been contradictory and imo deliberately micro managed without smart goals and direction. 

On Sunday I complained in writing with evidence to HR.

Unlinked to my complaint, on Monday I found my job advertised on LinkedIn. Line by line it is me, the job title a clone, I received no warning, we are meant to be under a recruitment freeze. The job advert also specifically requires a quantity of years experience older than my age, as in nearly 20 years' experience. I mailed my bosses and HR to ask if I'd been fired, I am now only in correspondence with HR.

A verbal discussion to get a feel for settling took place, by HR. I have a more formal conversation with HR this week booked. Clearly they didn't mean to publish the advert as they removed it same day, after I took copies. 

What's a fair nongreedy winnable settlement here before deciding to reject and resign under protest??? I believe I have a case for asking for a year. My notice period is only a month though and I see the courts are slammed now. 

I'm not looking for my day in court nor to be greedy. I want to ensure I'm not taken for a ride by a firm that's making millions in profit at cost to statutory rights. 

I'm a higher rate tax payer so the amounts in question aren't insignificant. 

Thank you! 

I am not clear what you are going to "reject" and resign under protest.

If a new contract is being imposed and you choose to resign and claim unfair dismissal it is not "constructive unfair dismissal" under those circumstances, despite your resignation. That may help (a little) as less than 3% of constructive dismissal claims are successful!

Significant changes in employment terms can be found to be reasonable by tribunals, particularly where the alternative would be redundancy in a difficult job market.

Also keep in mind that the average tribunal award for a successful claim is c. £6K not the very occasional headline grabbing sums you sometimes read about.

Seek proper legal advice before resigning.

nicechap

ConfusedGuy2020 said:

Hi, I'm in a difficult situation and have already spoken with my home insurance legal cover (said it's my decision to make). Also awaiting a call back from my professional body's legal service. 

I've been employed for 7 years in October with my employerer, so 6 full. I have been on the receiving end of being managed out based on a new boss clearing out the predecessor's people... imo. I have a pristine record, on target most recent annual review, achieved multiple promotions, liked by my staff and peers. My new boss changed my role in April and is blaming me for the results of that area prior to me managing it. I have had an unrealistic quantity of asks placed upon me (roles done by teams given to me to absorb). And I have email proof of being told I need to get my * together, unfairly (evidence proves the statement is unfair). I can also prove in writing that I escalated over my boss having tried to address with them too.

No training has been given and manager input has been contradictory and imo deliberately micro managed without smart goals and direction. 

On Sunday I complained in writing with evidence to HR.

Unlinked to my complaint, on Monday I found my job advertised on LinkedIn. Line by line it is me, the job title a clone, I received no warning, we are meant to be under a recruitment freeze. The job advert also specifically requires a quantity of years experience older than my age, as in nearly 20 years' experience. I mailed my bosses and HR to ask if I'd been fired, I am now only in correspondence with HR.

A verbal discussion to get a feel for settling took place, by HR. I have a more formal conversation with HR this week booked. Clearly they didn't mean to publish the advert as they removed it same day, after I took copies. 

What's a fair nongreedy winnable settlement here before deciding to reject and resign under protest??? I believe I have a case for asking for a year. My notice period is only a month though and I see the courts are slammed now. 

I'm not looking for my day in court nor to be greedy. I want to ensure I'm not taken for a ride by a firm that's making millions in profit at cost to statutory rights. 

I'm a higher rate tax payer so the amounts in question aren't insignificant. 

Thank you! 

The most important element would be an agreed positive/ neutral reference as I presume you will need another job.

monetary settlement is up to you & the organisation, taking them to ET can be a long winded and time consuming process for both sides, and can distract from what both sides want to do which is move on and make money.  So, based on the limited info in you post, ask for 12 months, settle for 7 (month a year plus months notice), And take outstanding leave.  Reference is vital though.

Don't burn your bridges, you might be welcomed back in 12 months once your new manger has caused enough damage and disappeared.

ConfusedGuy2020

Thanks, that 3% reference is scary.
The firm advertised my job with me still employed in it, off the back of a period of what I've been advised by others in HR and with law degrees, is a serious breach on their part for mutual trust and respect. 

ConfusedGuy2020

nicechap Don't burn your bridges, you might be welcomed back in 12 months once your new manger has caused enough damage and disappeared.

Excellent point! 

Takeaway_Addict

ConfusedGuy2020 said:

Thanks, that 3% reference is scary.
The firm advertised my job with me still employed in it, off the back of a period of what I've been advised by others in HR and with law degrees, is a serious breach on their part for mutual trust and respect. 

Could they argue it was for an extra role? How could you prove it wasn't?

eamon

How much do you want to keep your job and stay?  Are you prepared to fight? If your answer is yes then you need to find methods that make this possible. There will be numerous strategies to be found in a google search. Note that HR work for management not you and your professional body are more interested in harvesting fees than you. Sorry for being cynical but your senior managers & HR approved the hiring of this person and will not want to be seen as being flawed.

oh_really

Wait for advice from your professional bodies legal dept, that the only one that matters. I don't know why your asking for advice all over the place. 

TELLIT01

If you can get what you feel is an acceptable settlement and an agreement to a neutral reference, I would say to take the settlement and leave.  Even if you win, a battle to prove constructive dismissal can be a long and stressful process.

Savvy_Sue

ConfusedGuy2020 said:

Unlinked to my complaint, on Monday I found my job advertised on LinkedIn. Line by line it is me, the job title a clone, I received no warning, we are meant to be under a recruitment freeze. The job advert also specifically requires a quantity of years experience older than my age, as in nearly 20 years' experience. I mailed my bosses and HR to ask if I'd been fired, I am now only in correspondence with HR.

Definitely one for your professional body, BUT has anyone else noticed clear age discrimination in this? Not even specifically against the OP, but unless they can demonstrate that those 20 years of experience really are needed, that should not have been included. 

Dox

ConfusedGuy2020 said:

Hi, I'm in a difficult situation and have already spoken with my home insurance legal cover (said it's my decision to make). Also awaiting a call back from my professional body's legal service. 

I'm a higher rate tax payer so the amounts in question aren't insignificant. 

...but I'm happy to put a few random facts on a public forum and expect to get a properly informed legal view, or rely on whoever my home insurance policy turns up, or whatever my professional body says. 

False economy. Get yourself some proper legal advice from a specialist employment lawyer. Now.