Constructive dismissal?

[cakecrew]

Hi, looking for some advice please.
Have worked for my current company for over 8 years as an assistant manager. Was told that I now have to go out on the road to do face to face sales. It's not something that I wish to do as it is totally different from my current role where I oversee a large sales team, office based. When I advised it's not what I wish to do as, not only is it a side step it impacts both my working and home life. The franchise owner said they would dismiss one of the team if I did not take on this other role! I have no access to a HR department for advice and feel bullied and blackmailed into something I do not want to do - please could you help guide me - I feel so anxious and angry - really do not want to go to work at the moment and I do not want to be the reason someone looses their job! Thank you for reading x

How easy is it for you to find another job?

Are there documented meetings to discuss the change in role? If not ask for one so you can fully understand the reasons for it and consider the impact on you before agreeing to anything.

why are they saying they’d sack someone if you don’t take it how is this linked to the other person?

Why did they ask you to do this? Is the business struggling? Are sales down or profit down and so the idea is ssomeone (either you or someone in team) get in more money then not eveyone is required, hence letting someone go?

It doesn’t sound like constructive dismissal based on what you’ve said. I would expect a sales manager to be able to go out and lead by example and sell if that’s what the rest of the team is expected to do.

why on earth should someone be dismissed?
is he calling your bluff?
what about if you say Ok then - dismiss someone

It would be redundancy (unfair dismissal) not constructive dismissal. Constructive dismissal is where you resign and it’s far harder to win a claim of constructive dismissal than an unfair dismissal for redundancy case.

Thanks for your replies. I have started looking for a new job - early days. The franchise owner is not very professional, nothing is documented or updated. I think it is a good idea to ask for something in writing. The reason to dismiss one of the team will be to bring someone else in to do the face to face sales and cut down on costs/head count.

Impossible to advise op without seeing your JD and contract of employment. How large is the organisation? Have you seen a new JD? Is it a reasonable redeployment? What is the driver for the cost saving if someone loses their job?

It sounds to me as though management may be doing their best in a difficult market. However, I'm not clear why someone other than you would be dismissed if you refuse the new role. They either have a business case for the new role or they don't. If they do and if it's an inappropriate redeployment then there should be a compulsory redundancy situation.

The team which I over see are all office based - none of them go out on the road.

@cakecrew How are you doing now? Am after positive stories to give hope for the rest of us in difficult situations now.