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Do I have a claim for constructive dismal?

4 replies

Greentreesandbushes · 05/06/2024 11:06

Sorry that should say “constructive Dismissal” quick summary, I have worked FT for this large company for 4 years, I work in sales, with specific types of customers, over time minor changes to those types of customers has changed a bit. I’ve made noises about changes, as my commission got paid to the new person but fell on deaf ears, so just cracked on with It.

however I’ve been told that I’m having to give over my entire customer base, with huge pipeline to a colleague, from next month, with that person then getting paid on my pipeline. I’m getting an entirely new customer list to develop, with a tiny pipeline, with no reduction to target.

The pipeline generated by me over the past 4 years will result in orders coming in, consistently, weekly into next year, right now I’m booking business, however I’m being told to bring what I can this month then it’s all going to the other person. Years worth of work.

I’m going to push back, ask to keep some key customers, ask to get paid on orders closing next quarter and ask for a target reduction on this new , weak customer base but I suspect the initial response will be a no. So I’m considering suggesting that they’ve effectively given my job to someone else and ask for a payout. Any other suggestions welcome.

I’m a single parent, huge mortgage, can’t afford to just leave without a payout or another job to walk into.

OP posts:
prh47bridge · 05/06/2024 12:23

Constructive dismissal cases are hard to win. However, that does not mean you don't have a claim. You need to get proper advice from a lawyer who specialises in employment law. If you have legal cover through your home insurance, they may be able to help.

VanCleefArpels · 05/06/2024 12:41

To establish constructive dismissal you have to show that the employer’s actions were such that you had absolutely no alternative to ending your employment. It’s really difficult to prove. What does your contract say about how you work? The employer may argue that it’s not unreasonable to ask you, an experienced long time employee, to develop a new client base which is what it looks like they are doing.

Quitelikeit · 05/06/2024 12:46

Have you mentioned to them that you will lose a huge commission?

No fair employer in their right mind would do this!!!

Do they want rid of you?

Can you take your customers with you if you move to a competitor?

Why can’t the other employee take the base you are being given instead of taking your established base

Greentreesandbushes · 07/06/2024 16:57

Thanks all, lesson learned in that I should have stayed closer to management team. Person getting patch is flavour of the day.

I’m going to start job hunting, with the competition, kick up a bit of a fuss and try to get paid off.

OP posts:
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