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Is this constructive dismissal? (Warning LONG)

11 replies

ThreeBecameFour · 06/07/2014 07:52

So I am 7 weeks back at work following 2nd maternity leave. I have written in another thread about tension with the person who did both my mat leaves in 2011 and 2013. That aside, last Monday I was told that the sub team I manage is merging with another and my role (no prior consultation just tole), my role though not changing in scope will now report into a Head of Department (was Director, then Deputy Director). I manage a team and have 15 years experience. My role is going to now be on a par with someone who has 6 years experience and who is seen as far more junior across the organisation. I was told on Monday and there was a big push to get it announced on Wednesday. Once announced across the organisation, I had a flurry of emails asking how I felt and comments that they thought I had been level with the other head of a team etc. After an honest and slightly heated discussion with my current line manager (Deputy Director) where they mentioned I would have had more opportunities if I hadn't been on mat leave and did I want things handed to me on a plate, amongst other comments, I feel I have no alternative but to resign as soon as I find a new role, which isn't going to be straight forward as I work a 4 day week with flexi working. I made it very clear I am worried about career progression and was told please don't make any rash decisions as we need you to help make this transition as smooth as possible and support the others in my team! My mat cover in my No 2 and though was awkward to begin with is now very pleasant as she needs me as you doesn't have direct skills and experience to cope with the larger new team and knows I'll cover her back.... There is no career progression in the role I will now be in other than varied work and I have been told this in no uncertain terms. I have been with the organisation 5 years (including mat leaves of 9 and then 10 months). I am really saddened and upset that all my work in and out of my remit hasn't been recognised and a restructure like this would be a perfect opportunity to look at a higher level role, or promotion internally which the organisation says it promotes. I basically know that I have to move on now in order to move up in my career. I feel my loyalty has been misplaced as I have been approached for other roles but stayed loyal to my employer. I feel that if I am not seen worthy of being seen as a senior member of staff and they just expect me to bumble along I can't do this, and my confidence has had a real knock. The organisation is a well known charity. Previous to this role I was employed by a very picky and well renowned commercial art company, my CV has some high profile companies and I have great experience in my field. But my current employer said none of that bears any sway as it is out of date! I am feeling discriminated against and feel this could be constructive dismissal. Anyone reading this who knows me will know exactly who I am now... but anyway I have outed myself.. but I need help. I need help to understand why and how this is happening, why I am so upset about it and if I am jumping to conclusions on the constructive dismissal front?

Thank you for reading this HUGE essay!

OP posts:
Davidtennantmistress · 06/07/2014 07:57

To be honest id ring acas, they are there to protect the employee more than the employer. Do you have a union of any sort?

It is extremely bad form the suggestions that if you didn't have children you would have got further up the ladder, extremely poor form. Likewise all experience is relevant, I think your boss is trying to keep you quite into accepting this role. It is up to you if you choose to do so though.

FunkyBoldRibena · 06/07/2014 07:59

Unpicking the actual detail here, you think it is constructive dismissal because someone else is now at the same level as you?

And you think your years of experience should mean that you should be above them.

And they are a charity and have hence restructured, but your job is actually secure.

Apart from the comment about you missing out on opportunities because you were in maternity leave, which although shouldn't have been the case, is probably true because you weren't actually in work to apply for promotions etc, nothing else has been said?

If your first point were true, nobody would eve be managed by someone younger than them, which is patently an unworkable premise.

I can't see constructive dismissal to be honest. We all have to move around to get better jobs, that's just how it is.

Lorelei353 · 06/07/2014 08:06

So your role isn't changing in scope at all, you just report into someone different but because that person isn't as high up as the previous person you reported into you feel less important? If your role isn't changing it's hard to see how it's a constructive dismissal case, although I'm no expert. You're not losing anything or doing less work. You just don't think you should have an extra level of management above you as it puts you on par with others.

IDontDoIroning · 06/07/2014 08:10

I'm not an hr person but hopefully someone with more knowledge will be around later.
I'm afraid I agree with poster above.
You still have a job.
Constructive dismissal is notoriously hard to prove in tribunal.
No employer can ever promise someone they will get promoted or never be managed by someone younger, as it depends on so many factors.
You seem to have been a loyal employee and probably rightly feel disgruntled that this isn't being rewarded. I give to say the comments about maternity were a bit off but whether they would prove discrimination is tricky.
They aren't going to give you credit for your cv - why should they you're working for them and you're a known quantity.
You have to take responsibility for your career and if you can't work long term in this organisation it would be better to move on.

DottyDooRidesAgain · 06/07/2014 08:16

Having went through a constructive dismissal last year (12 months of hell) pp are correct and it is difficult to prove.

PP are also correct in that you have no case for it by what you have described. I agree that it is unfair however your company have done nothing wrong. If you are unhappy then look for other employment.

ThreeBecameFour · 06/07/2014 08:17

My role will be changing scope as will take on more of the work of the other team we are merging with. I don't mind being managed by someone younger at all, what I find difficult is that we were seen as managers of teams along the same level, but now I will be reporting into that person. I see that I have to move on to move up, I am just saddened that there was an opportunity to look at this in a restructure. It was the comments about mat leave etc that upset me I guess.

OP posts:
ThreeBecameFour · 06/07/2014 08:20

I am looking for other employment as I can't sit in this role with no progression for any longer. It is fine. I am at ease with it. Just disappointed that loyalty hasn't really got me anywhere.

OP posts:
DottyDooRidesAgain · 06/07/2014 08:22

It is hard when changes happen at work when you are on mat leave but work cannot exactly stop just because you have chosen to have a child.

After my first mat leave I only stayed in that job for 2 months as I couldn't handle/except the changes that had happened in my absence. When you are there and it is happening it's sort of a natural transition because everyone's going through it together the so changes soon become the norm. When you come back after the fact it's like you have been left out and you have to adjust on your own.

I took the opportunity to change my career. Best thing I ever did really.

ThreeBecameFour · 06/07/2014 08:28

Thank you for your feedback. Really good to have impartial advice. The constructive dismissal bit came from someone else I have been talking to so I wasn't actually sure if it was or not. I think you are right Dotty, I think this role has maybe just run it's course and it is time to move on. The restructure bit has happened really fast and is a surprise to not just me so it hasn't happened in my absence on mat leave, but I can see where you are coming from.

OP posts:
DottyDooRidesAgain · 06/07/2014 08:34

Good luck for the future OP. One door closes and another opens as they say Grin

ThreeBecameFour · 06/07/2014 08:35

Indeed!

OP posts:
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