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Constructive dismissal

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    JohnBoyUK said:

    cabbles said:

    I've had many nights getting wound up about conversations I'm going to have to have at work and in life in general. You find yourself playing out arguments etc

    As an aside Cabbles, glad someone else does that. I thought it was only me. I've lost count of the number of arguments I have in my head with and it makes me bloody feel awful!

    Best of luck Gumbo.
    Is there anyone that doesn't? It's only becoming more tricky lately when I've started speaking them to myself rather than thinking.

    Sorry to divert. Good luck gumbo.

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    BM is I am afraid 100% correct.

    As your appointment was classified as acting, interim or "on probation" the job technically speaking is not actually yours to lose.

    Any actionable status may arise in not returning you to your original duties on commensurate terms and conditions. It would not be unreasonable to request due allowance is made for your contribution to the company in the more senior role.

    The apparent advertising and offering of the role without prior specific advice to yourself is clearly poor management if for no other reason than failing to provide performance feedback and reassurance concerning your future with the company.

    If I read correctly the circularising of your personal details is a major cock up.

    Circularising the offer of "your" job to another individual is either a major cock up or there is/ was a misunderstanding by someone of the terms on which you were offered the "temporary" job in the first place.

    There is no guarantee the selected individual will accept the position. He/ she may not appreciate his/her future remuneration being broadcast to all and sundry and may recognise if the company can treat you in such a manner then it may happen to him/her. It is hardly a ringing endorsement to an employee.

    I do understand the emotions involved but as others suggest do not act in haste. You have done nothing wrong but do not act like a victim. Be above that - be professional. Give yourself time to work out precisely what you now want from the situation (unsurprisingly I used to write it all down [at length]) and then work out how I might achieve it.

    If you are meeting the targets set for the business then you are contributing to the business and I would prepare yourself for a performance review from a position of strength.

    The cc e mail has put you on notice of a change of duties and you need clarity. Nothing more - nothing less.

    Others have questions to answer. From that process you can then position your next steps but you only get to resign once. You have no opportunity of legal redress. Even if you had there is no guarantee of success, in what timeline it would be processed nor indeed the scale of applicable damages. It would be extremely stressful and may be of course be a deterrent to other employers. I suspect you know all this.

    I did sue an employer for breach of contract under US Federal and International Contract law but then I was at the very end of my career (at some point in the corporate world you do become too old & too expensive), was completely knackered and looking for more appropriate consultancy work to finally spend more time with my family. In the world of corporate politics which I abhorred I was always amazed I lasted as long as I did.

    It took 4yrs and a lot of hard work for them to settle. My attorneys (who became desperate to settle) took 40% of the settlement plus expert witness costs. The company could have saved a lot of money, (they had their external legal costs) by settling damages up front but once the lawyers get involved it becomes a legal pissing contest and has precious little to do with the facts of the situation.

    You are having a bad experience. I wish you the best of luck.
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