Constructive dismissal or redundancy

Jill Rosemary

| 129 Posts

Chartered Member

8 Apr, 2014 12:25

This is a bit of a long story which I will try to cut short.  

Some time ago I asked advice on a case of bullying and harassment. Without going into the finer detail basically this has resulted now in the actual persons job being so diminished that they feel there is not a role for them any longer with their role being outsourced to other depts.  

Rather than go the route of claiming a case of constructive dismissal the person spoke to HR about his fears that his role was now redundant and made a clear and valid argument in support of this. The HR person asked him to think about other areas in the business that he could add value to and come back to him (more or less acknowledging he had a point).  

He then sent an email stating he had given it a lot of thought including working in other areas of the business but could think of no alternatives, he asked them then to consider redundancy as an option for him, thus providing him with some financial security whilst looking for a suitable role elsewhere.  

The reply he received from HR implied that in their meeting he had stated he was thinking of resigning and that the company would not make his role redundant. He has sent an email back reiterating that at no stage did he say or imply this (ie that he was considering resigning) and was happy to speak to his manager and HR about a solution at this stage.  

Just wondering what any of you would advise re. next steps. I suppose the reality is that now he feels like his card is marked so to speak and the situation has become all too stressful.  

This is a senior role, so the stakes I suppose are quite high whatever the outcome.

  • David

    | 20960 Posts

    Chartered Member

    11 Apr, 2014 19:23

    Hi Jill

    This sounds like 'jobsworth' HR management: if this highly-paid employee has little to do  now and his salary and associated employment costs could be saved, the financial case for parting company must be overwhelming, even allowing for some initial cost. Neither is he likely now to be other than at the bottom of the employee engagement league.

    Safer to do this probably via a settlement agreement, which may also be more tax-efficient too.

  • Jill Rosemary

    | 129 Posts

    Chartered Member

    14 Apr, 2014 10:37

    Thank you David for the reply, I wasn't sure I had explained this well enough.  He has since handed in his resignation, had a meeting with his manager and HR to express his concerns and also the treatment he had been subjected to under his immediate manager to which the reply was "I was only joking" "it was just a joke" so basically felt he was not listened to.  The position he feels is no longer tenable so he is now  in the unfortunate position of having to work out his two months notice.  Hardly ideal and v stressful.  
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