Constructive Dismissal...?
Discussion
This doesn't pertain to me, but to a family member. We are wondering if the actions of the department manager amount to constructive dismissal or not.
Here's the situation, I'll refer to the family member as X:
The department of approx 10 people is downsizing. Everybody is worried for their job.
Person Y is worried for her position and applies for a job with another company. She is successful in securing the new job and hands her notice in. The manager refuses to accept her notice and guarantees her that in the upcoming restructuring process, "there will be a job for you, even if your role is slightly different". Person Y turns down the new job and stays on in her current position.
Fast forward 4 or 5 days, and the restructuring plan is laid out by the manager. One person will lose their job, and 2 positions, currently occupied by persons X and Y are to be amalgamated into one. Both must interview for it.
Person Y is angry, as she HAD a secure new job to go to, and turned it down as the manager guaranteed her an ongoing position, not even one week ago.
Person X is angry, as to all intents and purposes it looks as if they are being engineered out of a job by the manager.
If, as we suspect, the interviews go ahead and person Y walks into the position, does person X have a case for being constructively dismissed from her role - given the refusal by the manager to accept Y's resignation last week, and the subsequent guarantee of a job for her?
Here's the situation, I'll refer to the family member as X:
The department of approx 10 people is downsizing. Everybody is worried for their job.
Person Y is worried for her position and applies for a job with another company. She is successful in securing the new job and hands her notice in. The manager refuses to accept her notice and guarantees her that in the upcoming restructuring process, "there will be a job for you, even if your role is slightly different". Person Y turns down the new job and stays on in her current position.
Fast forward 4 or 5 days, and the restructuring plan is laid out by the manager. One person will lose their job, and 2 positions, currently occupied by persons X and Y are to be amalgamated into one. Both must interview for it.
Person Y is angry, as she HAD a secure new job to go to, and turned it down as the manager guaranteed her an ongoing position, not even one week ago.
Person X is angry, as to all intents and purposes it looks as if they are being engineered out of a job by the manager.
If, as we suspect, the interviews go ahead and person Y walks into the position, does person X have a case for being constructively dismissed from her role - given the refusal by the manager to accept Y's resignation last week, and the subsequent guarantee of a job for her?
timbob said:
This doesn't pertain to me, but to a family member. We are wondering if the actions of the department manager amount to constructive dismissal or not.
Here's the situation, I'll refer to the family member as X:
The department of approx 10 people is downsizing. Everybody is worried for their job.
Person Y is worried for her position and applies for a job with another company. She is successful in securing the new job and hands her notice in. The manager refuses to accept her notice and guarantees her that in the upcoming restructuring process, "there will be a job for you, even if your role is slightly different". Person Y turns down the new job and stays on in her current position.
Fast forward 4 or 5 days, and the restructuring plan is laid out by the manager. One person will lose their job, and 2 positions, currently occupied by persons X and Y are to be amalgamated into one. Both must interview for it.
Person Y is angry, as she HAD a secure new job to go to, and turned it down as the manager guaranteed her an ongoing position, not even one week ago.
Person X is angry, as to all intents and purposes it looks as if they are being engineered out of a job by the manager.
If, as we suspect, the interviews go ahead and person Y walks into the position, does person X have a case for being constructively dismissed from her role - given the refusal by the manager to accept Y's resignation last week, and the subsequent guarantee of a job for her?
It's not constructive dismissal. There might be a claim for unfair dismissal if person X gets selected for redundancy and if the method of choosing is unfair. But in the main it sounds more incompetent than anything else.Here's the situation, I'll refer to the family member as X:
The department of approx 10 people is downsizing. Everybody is worried for their job.
Person Y is worried for her position and applies for a job with another company. She is successful in securing the new job and hands her notice in. The manager refuses to accept her notice and guarantees her that in the upcoming restructuring process, "there will be a job for you, even if your role is slightly different". Person Y turns down the new job and stays on in her current position.
Fast forward 4 or 5 days, and the restructuring plan is laid out by the manager. One person will lose their job, and 2 positions, currently occupied by persons X and Y are to be amalgamated into one. Both must interview for it.
Person Y is angry, as she HAD a secure new job to go to, and turned it down as the manager guaranteed her an ongoing position, not even one week ago.
Person X is angry, as to all intents and purposes it looks as if they are being engineered out of a job by the manager.
If, as we suspect, the interviews go ahead and person Y walks into the position, does person X have a case for being constructively dismissed from her role - given the refusal by the manager to accept Y's resignation last week, and the subsequent guarantee of a job for her?
Thanks chaps, we were wondering whether it would classify as constructive or not. There is an ongoing history of unfair treatment of various people in the office by the manager and HR are already involved - so all meetings/conversations for a number of months have been documented.
We'll see how it goes!
We'll see how it goes!
KrazyIvan said:
I don't suppose Y has it in writing about being promised a role after the restructuring?
Also why would she want to stay on in a role that is now 2 roles? Personally I would be in contact with the new company and see if the offered role is still available.
X and Y do a similar role at the moment, but due to a reduction of incoming work, there's only enough work for one person to do these days. Y is apparently pretty angry at the situation as the other job has gone.Also why would she want to stay on in a role that is now 2 roles? Personally I would be in contact with the new company and see if the offered role is still available.
I can envisage a situation where neither of them wants to stay, given the way they've both been treated... Incompetent is indeed the word that springs to mind!
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff