Possible constructive dismissal?

[SexyDomesticatedDad]

A colleague of mine (was at one time my manager, lets call him Mr V, not sure if he has a case of constructive dismissal. Used to have a team of about 5-6 people, this was then reduced down to 2. These 2 reports he was managing now report to a new manager and effectively Mr V is now being asked to work at the same level as his 2 previous reports, then reporting to a new manager. I'm sure his pay level stays the same but there would be a down grading of level - something which the Company is reviewing after a Global Merger. Company not being very open or honest about the plans although publicly they did announce that they would be cutting out some middle manager positions. Any advice? There are no unions involved.

[flowerybeanbag]

Constructive dismissal means a fundamental breach of the employment contract in one way or another, which could be forcing someone to accept unreasonable changes to their contract, but proving that something is unreasonable to a degree that someone has no option but to resign is obviously difficult, being much easier if the change is something like relocation or a pay cut.

Has his job actually changed or is it just that he no longer has anyone reporting to him? When you say he is being asked to work at the same level as the two people who used to report to him, do you mean they have changed the work he is doing to become that of his previous direct reports, or could they easily say that the work of the previous direct reports has been upgraded, rather than him downgraded?

[SexyDomesticatedDad]

Thanks for reply FBB, its clearly a case of his management level being removed and his work downgraded. As far as I know pay is protected but the grade would go down to his old level (once they complete a new global levelling process). The previous reports have no change in their work processes (except reporting to a new manager). Having discussed it we think its constructive but as you say its difficult to prove and if pay and conditions as such remain the same why kick up a fuss? I know how he feels we both worked damned hard to get senior manager status and its being erroded away. The Company has a good redundancy package and there is an option for him to apply for VR also (but could get refused).

[flowerybeanbag]

It's tricky isn't it? Sometimes things aren't right or fair, but it doesn't necessarily mean the best option open to the person is to fight it.

With constructive dismissal, he'd have to raise a grievance first, which is stressful obviously, then assuming the outcome of that wasn't favourable, he'd have to resign, losing his income. He'd then have to get a solicitor, put in a claim for constructive dismissal, which would be difficult to prove, extremely stressful, could drag on for months and could result in either an unfavourable outcome or even if he was successful, may not have been worth all the stress and hassle (and lack of job in the meantime) in the first place.

In this case I do think probably the best (least worst) option may well be to put up with it, and look for an alternative job if that's a possibility.