Being pushed out. What to do?

sebtomato

Hi,
I work for a very large and very profitable company. I was deemed one of the best in my job for 7 years until I changed management. Suddenly, I have been flagged as being non-performant, and sent some details of internal processes that would lead to termination. It really came as a shock and induced a lot of stress during lockdown (to the point of having to take medication).
I was told 3 months before the full financial year ended that my package would be very poor, regardless of what I did from that point. It ended up being 20% down from the previous year, despite better performance than last year, excellent feedback from colleagues and customers.
I have had enough of it now, have lost all motivation to continue. What should I do? Just resign and then go after them for constructive dismissal? I am happy to resign and move on, but also I am thinking I shouldn't let them get away with it.

Marcon

Have you any idea how difficult it is to prove constructive dismissal - or how long it will take to even get a tribunal hearing, because they don't sound as if they are going to roll over any time soon if you do 'go after them' as you put it. Have you actually had any sort of discussion about this apparent change in how 'management' perceives you? Is this one new manager, or a new management team? Is your old manager still around and is there any prospect of changing your line manager? Doing nothing and letting your anxiety and resentment fester won't help, so you need to do something, if only to find out why you have gone from golden boy (or girl) to class dunce in one easy lesson.

Having said all that, it sounds as if your face no longer fits, for whatever reason, and moving on would be the logical thing to do IF you can find a new job and get a reasonable reference from your current employer. 

sebtomato

Marcon said:

Have you any idea how difficult it is to prove constructive dismissal - or how long it will take to even get a tribunal hearing, because they don't sound as if they are going to roll over any time soon if you do 'go after them' as you put it. Have you actually had any sort of discussion about this apparent change in how 'management' perceives you? Is this one new manager, or a new management team? Is your old manager still around and is there any prospect of changing your line manager? Doing nothing and letting your anxiety and resentment fester won't help, so you need to do something, if only to find out why you have gone from golden boy (or girl) to class dunce in one easy lesson.

Having said all that, it sounds as if your face no longer fits, for whatever reason, and moving on would be the logical thing to do IF you can find a new job and get a reasonable reference from your current employer. 

My company wouldn't go to tribunal and risk any negative publicity, so they would surely settle first. 
There is no prospect of changing line manager, I have asked his management. Their answer was: "make it work".
My performance is quite measurable in term of revenue and profit, so there is no question about it and no reasons to have a significant drop in pay this year.
I think it's just a case of me being seen as too expensive or my "face no longer fitting" as you put it. My management may not perceive me well, but my colleagues and customers do (and have stated in writing).
In term of reference, large companies only give a factual reference now anyway (basically confirming the role and employment time).

sammyjammy

Nobody is irreplaceable as much as your clients might have good things to say, for the sake of your mental health look for a new job and move on

[Deleted User]

I read that employment claims go up in a recession.
One thing I’ll thank my parents for (while they are easy going and I’m quite lucky) is when the problem came up two months ago they stood their ground that I should not give in and maintain I had done nothing (it started to go sour when I was accused of looking for other work when deep down I hadn’t accepted or been for an interview and certainly not done anything on work’s time) but it has turned me into the employee I didn’t want to be, add to that I’m never the person whose leave I was brought into assist covering so had words early this week with boss which resulted in a steam off but thinking it over they could have had personal stuff going on as much as me.
I try to hold onto our company moto that Everything is solve able. Not easy I know but I try to get past the bad days and remember the good, think how things were when the time was I was the younger employee and had older colleagues resenting me. By sticking at it there have been things to learn and take away about not always running away.

sebtomato

sammyjammy said:

Nobody is irreplaceable as much as your clients might have good things to say, for the sake of your mental health look for a new job and move on

Completely agreed. Even though the job is good and paid well, I am not willing to take abuse from management or play games for whatever reasons they have, for the sake of my mental health. Clearly, they are not going to stop, and I haven't found another position.
The only thing that was stopping me from resigning was the current economy and job market (clearly the worst time to leave a job) but then I can afford financially to take a long break (regardless of any exit package they may give).

eamon

Questions

Has your work changed e.g. are you doing different tasks, dropped some tasks?

Is your work measurable?

Is your new manager a newby?

Does your new manager even understand what you do?

Is there a restructure happening?

Do you know more than your new manager?

Marcon is probably correct in that your face no longer fits. If thats the case you can try and make it fit though it probably is time to consider moving on. Don't waste your  time on CD, 99% of the time it goes nowhere and you still loose. If you feel that you have been treated unfairly and contrary to your employers various policies then consider raising a grievance. But I'll caution that with a caveat in that raising a grievance against your line manager rarely ends well. Your colleagues etc if they are even asked to make a statement will rarely do so. Few people like to rock the boat.

Marcon

sebtomato said:

Marcon said:

Have you any idea how difficult it is to prove constructive dismissal - or how long it will take to even get a tribunal hearing, because they don't sound as if they are going to roll over any time soon if you do 'go after them' as you put it. Have you actually had any sort of discussion about this apparent change in how 'management' perceives you? Is this one new manager, or a new management team? Is your old manager still around and is there any prospect of changing your line manager? Doing nothing and letting your anxiety and resentment fester won't help, so you need to do something, if only to find out why you have gone from golden boy (or girl) to class dunce in one easy lesson.

Having said all that, it sounds as if your face no longer fits, for whatever reason, and moving on would be the logical thing to do IF you can find a new job and get a reasonable reference from your current employer. 

My company wouldn't go to tribunal and risk any negative publicity, so they would surely settle first. 

In term of reference, large companies only give a factual reference now anyway (basically confirming the role and employment time).

You're making two sweeping statements here, both of which could prove incorrect - the second one certainly isn't accurate. You really can't speak for all large companies just because you work for one of them.

As to negative publicity, there's nothing about a disgruntled employee claiming constructive dismissal on the mundane grounds you've outlined (mundane in the sense it won't hit the headlines, not that it is 'mundane' to you personally), so the company is unlikely to get too bothered about sensational reporting.

Savvy_Sue

sebtomato said:

My company wouldn't go to tribunal and risk any negative publicity, so they would surely settle first. 

Maybe, but they'd start with a low offer on the grounds that YOU wouldn't want to go to tribunal. And how high would you go? As already stated, it's difficult to win, and the awards rarely reach the headline figures. 

Far better to spend your energy on job search, or trying to find out what's gone wrong here. 

Undervalued

Marcon said:

sebtomato said:

Marcon said:

Have you any idea how difficult it is to prove constructive dismissal - or how long it will take to even get a tribunal hearing, because they don't sound as if they are going to roll over any time soon if you do 'go after them' as you put it. Have you actually had any sort of discussion about this apparent change in how 'management' perceives you? Is this one new manager, or a new management team? Is your old manager still around and is there any prospect of changing your line manager? Doing nothing and letting your anxiety and resentment fester won't help, so you need to do something, if only to find out why you have gone from golden boy (or girl) to class dunce in one easy lesson.

Having said all that, it sounds as if your face no longer fits, for whatever reason, and moving on would be the logical thing to do IF you can find a new job and get a reasonable reference from your current employer. 

My company wouldn't go to tribunal and risk any negative publicity, so they would surely settle first. 

In term of reference, large companies only give a factual reference now anyway (basically confirming the role and employment time).

You're making two sweeping statements here, both of which could prove incorrect - the second one certainly isn't accurate. You really can't speak for all large companies just because you work for one of them.

As to negative publicity, there's nothing about a disgruntled employee claiming constructive dismissal on the mundane grounds you've outlined (mundane in the sense it won't hit the headlines, not that it is 'mundane' to you personally), so the company is unlikely to get too bothered about sensational reporting.

Quite!
Unless the OP happens to work in one of a few regulated professions the employer is not obliged to give a reference at all. If they are feeling vindictive all they need to do is refuse to proved one. That can be far more damming than a so called "bad" reference.

Few employment tribunals make even the local press, let alone national, unless the case involves a"celebrity" employer or has a particularly salacious angle to it. Yes, some employers routinely settle whilst others have a policy of fighting, even if it would be far cheaper to settle, as they feel this may deter other claims.

Less than 3% of constructive dismissal claims that reach a tribunal are won (although quite a few more are doubtless settled beforehand.

theoretica

sebtomato said:

Marcon said:

Have you any idea how difficult it is to prove constructive dismissal - or how long it will take to even get a tribunal hearing, because they don't sound as if they are going to roll over any time soon if you do 'go after them' as you put it. Have you actually had any sort of discussion about this apparent change in how 'management' perceives you? Is this one new manager, or a new management team? Is your old manager still around and is there any prospect of changing your line manager? Doing nothing and letting your anxiety and resentment fester won't help, so you need to do something, if only to find out why you have gone from golden boy (or girl) to class dunce in one easy lesson.

Having said all that, it sounds as if your face no longer fits, for whatever reason, and moving on would be the logical thing to do IF you can find a new job and get a reasonable reference from your current employer. 

My company wouldn't go to tribunal and risk any negative publicity, so they would surely settle first. 
There is no prospect of changing line manager, I have asked his management. Their answer was: "make it work".
My performance is quite measurable in term of revenue and profit, so there is no question about it and no reasons to have a significant drop in pay this year.
I think it's just a case of me being seen as too expensive or my "face no longer fitting" as you put it. My management may not perceive me well, but my colleagues and customers do (and have stated in writing).
In term of reference, large companies only give a factual reference now anyway (basically confirming the role and employment time).

How does your packet compare with colleagues?  Could the new manager think it would be cheaper to have the work done by other people, either because your individual package is high, or because the the reward structure is overly generous to top performers?