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Doesnt feel right

2 replies

BeerScientist · 07/12/2023 16:32

Hello, have changed industries as mine is quite niche and itd be outing, but i find myself in a bizarre scenario at work and wondering if it might be constructive dismissal. My role has changed so much its not really relevant to me and i dont want to switch fields but am effectively being forced to.

I am (lets say) a beer scientist with 17yrs experience. I took a job involvong alcoholic drinks with a company owned by a massive beer company, with my eye firmly on a long, beery career with the market leading beer company. In my first year, I met and exceeded all targets set. Then I got the news that next year, my role will ONLY involve champagne and vodka, products i only vaguely know. I feel if i do stick it out i have to do loads of research in areas that arent mine and it makes my cv less and less appropriate for beer work. Months ago i explained that this was not for me, but i have been completely shut down and ignored by our parent beer company, and unofficially informed that working for this smaller company counts against me with them. Nothing has been put in writing/formalised but current company is also simultaneously saying i could pick any other role in the business, but when i did (there arent many and none beer technical) i was verbally advised i would not be trained so dont bother.

Now i am looking for another job, but the company line is that i have CHOSRN to leave, but i feel im being forced to as my role has changed out of all recognition, i am a specialist, and it damages my career (and tbh mental health as im v passionate about my field and go all-in at work) to stay in this situation.

What do HR bods think of this?

OP posts:
Neriah · 07/12/2023 17:40

It's deeply difficult to advise tortuous "examples", but my thoughts are:

  • I am not sure you have two years service from this post, and if you don't you can't claim unfair dismissal anyway.
  • Regardless of anything you agreed to the change because you didn't refuse. You can't do several months in a job, even if it's unwillingly, the comparing about them moving you to a job you don't want.
  • The company is correct, you are choosing to leave.
  • To prove constructive dismissal is exceptionally difficult and based on what you have said here you won't win. Unless there is a significant repudiatory breach ( like your boss hit you) you need to complete the full employers grievance procedure; and not only that but you'd need to have started that at the point the issue arose, which you didn't. You can't backdate a complaint that started several months ago and which, however unwillingly, you accepted.

It is probably cold comfort, but given the timelines you've outlined, you'd never have had a case had you started action when you should have because you'd not have had the 2 years employment.

Damage to your career and health are not employment claims, but I'd guess still very, very difficult - and in all honesty probably several years of litigation, probably almost impossible to prove, and the stress of trying would probably cause you more damage than good.

Hindsight is a wonderful thing, but you should have cut and run long ago. In your shoes I'd focus on doing that now and let this go. I don't think you'll win anything. But that didn't mean you wouldn't lose a lot.

BeerScientist · 07/12/2023 18:57

Thanks neriah, i need the real story even if its a bitter pill!

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