Constructive dismissal or just piss poor communication?

[foxymalone]

HI - Im a regular but have name changed for this as I dont want to be outed for obvious reasons. I will also try not to drip feed but would very very much appreciate some learned advice about the situation. The facts of where I find myself are as follows:

1. I am employed by a household name large company and have been on maternity leave since the 3rd quarter of last year
2. A restructure has been in progress for some time with poor communication about timings
3. I phoned into HR last week to enquire about changing my return to work date and was told in that conversation that my manager had been made redundant and I now report to X who reports into Y who reports into the Director (previously there was only 1 direct report between me and the board level Director)
4. Yesterday was the formal cascade of the whole structure. I was not included in this and found out by text message today from a friend that a) my reporting line isn't as descrobed by HR to me formally last week, b) I now report into Z, so now 3 off the Director, c) of the 4 of us who formerly had the same job title and grade (although I am the most experienced and paid well in excess of all of them), 2 others still report into X and the other is Z (hope you're still with me). This means that I now report into a former peer (not so strange on its own) but I know I am also paid over 20k a year more than him and also paid more than both my other former peers who have been allowed to stay reporting into X.

In my view not only is this piss poor communication as I should have been told this in the first place and not find out material changes by accident but I have been demoted vs my peers for no reason. NB There are no performance issues - my reports have always been good and I recently received full bonus.

Can anyone helo me understand what to do next and if this is something worth consulting a lawyer about?

Thanks for getting this far!

It is not constructive dismissal in itself.

Changes in reporting lines are a very grey area in restructuring situations. The general rule is that if your job title doesn't change and your salary doesn't change then the company itself is usually in the clear.

Saying that, this one smells quite a bit and I would certainly be writing to the firm to ask them why you have been effectively demoted, given your performance relative to your peers. Depending on what they say you can then think of taking it further.

Thanks still I also can't make up my mind if it's just a bit shit or something more...and since no one is returning my calls or emails. From either hr or the reporting line it's getting a bit tough to decide what to do. But thank you for the reply, very appreciated.

I should also add that I was told in my hr conversation that as x's role was only 'acting' I could apply for it should I choose. It now transpires that z's is also acting but I haven't been offered the chance to apply for that or indeed any other role in the structure. I also just found out that z didn't know I was now reporting to him until the doc got circulated. He hadn't been told in his hr mtg either!!!!

I think you should have been included in briefings about this. When I was involved in a restructure last year I had to ensure three of my team who were on mat leave were able to participate in a conference call and hear the new structure at the same time as everyone else. Our Director also met with them all later on in the process.

Thanks wips yes that was my understanding too. Unfortunately though I don't think that's illegal in itself. Just poor communication. Although I'm happy to be corrected (kind of, not really happy about any of it).

Could be considered discriminatory perhaps as it is maternity but not worth playing that card now - play it if as a result you are downgraded or made redundant.... (being steps away from the top can lower your points in a Hay-type job evaluation).

It doesn't sound like constructive dismissal. Not even close I'm afraid.

The fact you are paid more is irrelevant too so forget that as they're not taking away any of that stuff.

However, you should have been properly consulted during the process and considered for any acting up posts. It sounds like the organisation is incompetent and disorganised rather than malicious or discriminatory.

In your shoes I would write to the most senior manager in your new reporting line and copy in the HR Director and make the point as politely as possible, being careful not to burn my bridges, that you are concerned that you have not been consulted with properly during the restructure due to your maternity leave [my emphasis, do not put the emphasis in but do include that wording], that you did want to be considered for the acting up roles because you take your career very seriously and that could you arrange a meeting/briefing to go through the new structure and where you fit in to ensure you understand and to help them with meeting their obligations. You could offer to do it as a KIT day - but make sure you negotiate pay in advance or you could find they expect you to come in for nothing.

It is shit when an employer behaves like this around maternity leave, but not the worst I've ever seen by a long shot.

Send letter recorded delivery or email so you can confirm they got it.

katie thanks so much for great advice. I had a loooong conversation with hr today. In summary: 1) they apologised for the poor communication and promised would not happen again 2) they agreed to amend the structure chart to show me same level as my former peers 3) they agreed a meeting with my now boss as a kit day. However, they also said (which has not been made clear to anyone) that this structure is a wip and that following a meeting later this month we can expect it to be redrawn again. It was made clear to me that in the (now interim) structure there was only room for 2 mgrs at a lower grade than the 3 of us are. The 2 who were mapped have been told they will keep ts and cs and pay. It's really not boding well as I can see that as the most expensive of us all, with only 2 roles and currently 3 of us that maths doesn't take a genius. And yet was also told 'this is not a redundancy situation' all very very stressful and not necessary. I will wait developments and try my hardest not to let it get to me...

My pleasure. I know somebody who went through something very similar...

I think these things always feel so much worse when you're not actually in the office because there's so much you don't know or worry you don't know. As long as they are talking to you that's good. Ime when they go silent that's when to worry.

If it's not a redundancy situation that's promising. Sounds like you're doing all the right things and these things always look a lot worse from the inside then they do later, looking back.