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Severance or demotion?

12 replies

Sparksinthelectrics · 13/07/2022 15:00

I've been leading a large area of the business for a few years and since covid ended up absorbing the responsibilities of a couple of senior leavers. The pressure of the role became unmanageable and I had a bit of a heart to heart with my boss where I was open about not enjoying it. There are some tasks that I love and some that I don't and see as a necessary evil. The upshot is that I haven't enjoyed the role for at least 2 years

I'm now in a position where I'm being offered a demotion to a role which is less pressure and more aligned to what I enjoy but would most likely be a pay cut - any less than I am currently on will mean cutting out any luxuries (like holidays etc) for the foreseeable. I would work with my boss on designing that role at it doesn't currently exist. Alternatively I could accept a severance package which would cover approx 3 months salary. I haven't received anything in writing yet but I think that includes a reduced notice period.

The challenge is that I currently work from home most of the time and work flexibly which fits in with childcare - and I don't have any other local childcare options that would cover the time I'd need to commute (you have to drive to any other setting and we don't drive or have a car and husband has to leave early for the train and gets home later so its worked well with me being able to walk to childcare locally) so changing companies feels so daunting.

I'd also lose unvested csop shares but they have genuinely been worthless for the past 2 years anyhow.

The kicker is that my "old" role will go to a man who will be paid more to do it, and won't have to do the additional functions that I did.

Whilst I was no longer coping with the stress of the role, and it feels right to take a step away from that, I can't see how I can work for less than I'm on now and still have a reasonable life.

I just don't know what to do

OP posts:
Sparksinthelectrics · 13/07/2022 15:01

My boss has been clear that they want me to stay and not accept the severance offer

OP posts:
ItsSnowJokes · 13/07/2022 15:03

Why can't you have the new job that a man would do without the additional responsibilities? If they are willing to do that, ask that you have that role.

Sparksinthelectrics · 13/07/2022 15:18

It's been clear that's not an option (hence the severance offer) and the honest feedback has been that he deals with the pressure better and I've been probably too open with boss about what the impact has been to my mental health of feeling overwhelmed by the role, and the aspects I don't enjoy - so there's definitely no way back.

OP posts:
ItsSnowJokes · 13/07/2022 15:21

But if the additional responsibilities were taken off it would that negate the stress that you were under? It sounds like he is on a sticky footing as it could be a case of constructive dismissal (let alone sex discrimination)of take this demotion or leave........ but then offering a man a payrise for the role and lesser responsibilities. It doesn't look good for the business. I would seek a legal opinion if I were you.

WaveyHair · 13/07/2022 15:26

Stay (for now). Yes it might a bit of a back step and less money but kids grow and maybe when they are a bit older you can try again for that type of role. You then get to design a role around you and can maybe grow with that.

Ignore the other bloke, this is not about him. You said you wanted out of that role so leave them to handle that.

Seemslikeaniceday · 13/07/2022 15:57

OP do not take either option. Write to you boss setting out your “old role” point out the additional roles you took on xyz additional responsibilities without additional remuneration to assist the business during COVID. Advise that it is now time for the business to recognise your contribution and the unacceptable workload and revert you to your old role.

Set out his proposals I.e. man does old job additional responsibilities to ??, you offered demotion and pay cut or severance.

Clearly state that you are more than capable of doing your old job and that you still enjoy it. It is the unasked for additional responsibilities that he has already acknowledged are too much for one person that need to be allocated. If they aren’t too much why wouldn’t male comparator not be required to do them? Point out that if your old role is removed from your current job and given to a man on a higher salary you will have an excellent case of discrimination and equal pay. They will have to demonstrate why the additional responsibilities have been removed, as clearly it illustrates your job was too big. They also have to demonstrate that you were not competent at the old job they are proposing to give to a man.

You may want to add you have taken on board the feedback that a man doing your smaller old role will handle the pressure better. However, when you did old smaller role you coped with the pressure just as well. It is the additional responsibilities you are being expected to do that they are not asking the man to do that is the issue. Refer to the Health and Safety Executive and remind your boss that his duty of care includes work related stress. His failure to adjust your workload to the level acceptable for a man is further evidence of discrimination.

Obviously word it better than I have but stress
smaller job for man
larger job for you = extra pressure
smaller job for you = same pressure as man

daretodenim · 13/07/2022 16:11

OP

  1. are the tasks that will be removed from the man's role the ones you don't like?
  1. Who will be doing the tasks he's not and you have been?
  1. If the tasks removed from his role are ones you like, is it possible to do new role + those tasks and keep same oat (even if technically demoted)?
  1. Last but definitely not least: why on Earth is he being offered your role without the tasks that aren't actually supposed to be part of it plus paid more when the parts you don't like are the ones they're removing for him. It would be infinitely more sensible to make your role what it's contracted to be and add those extra tasks to his role. I hope someone who knows more than me comes but it seems like this shouldn't actually be legal.
Sparksinthelectrics · 13/07/2022 17:28

I highly doubt it would be legal hence it being an informal arrangement rather than a formal one - the tasks that would remain for the replacement would continue to include my least favourite element and it would still be a high pressure role, just the sheer scale of it would reduce a bit. I don't see the role changing to include more of what I like and less of what don't as the business evolves so I think it's right not to go back to the role

I'm just now torn between the stability and flexibility but a financial stretch, or the risk of jumping ship, which could go either way.

OP posts:
ItsSnowJokes · 13/07/2022 17:33

What sort of jobs are around with your experience and skills? Have a look and see if there are a few and start applying. If you find something easily, take the severance.

TiaraBoo · 18/07/2022 12:34

Has your boss mentioned a pay cut?

TiaraBoo · 18/07/2022 12:35

@Sparksinthelectrics Do you have an update?

Sparksinthelectrics · 18/07/2022 12:43

Hi, yes a pay cut has been mentioned for the new role, but it's for me to submit a jd before the new package can be agreed. I've been asked what salary I would need, and it's really hard for me to suggest anything below by current, despite a smaller remit. I feel I'd still be bringing my extensive experience and skills to the new role (I've been at the company almost 10 years).

I've updated my cv and shared with some recruiters to see if there's a mostly remote role I could apply for

OP posts:
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