My role has been advertised.

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JBman

Free Member
Sep 11, 2014
7
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Hi,

I signed up for some employment advice before formally engaging with a legal solicitor. I have been working for (we'll call them) "company A" for over three years now as a department director. I have a 3-month notice period.

The business has had some tough times recently and a lot of people were made redundant for the business to survive/reorganize its approach. The CEO has decided he does not like me anymore and has been pretty damning/critical of me to my peers, rather unprofessionally instead of taking it up directly with myself. I feel it is personal and not business.

Today I have seen my role advertised online. I have had no performance review in the past two years, nor has there been any discussion of poor performance. I am well liked and respected by my department and peers.

I have a feeling I will be asked to resign and/or made redundant (although I know the latter would open them up to forms of litigation due to the replacement stepping right in). Whilst I would rather not be somewhere I'm not wanted (even if it's just by the CEO), I can't help but feel I'll be giving up all kinds of rights and fiscal dues by resigning instead of being made redundant/compromise agreement route?

I'm not one to dig heels in and take a company for all they've got, I just want to make sure I'm getting the best of a bad situation, the best for my family and move onwards and upwards.

Thanks

JB
 

Newchodge

Business Member
Nov 8, 2012
16,221
4,584
Newcastle
Don't resign. If you do so you make everything much harder in terms of achieving a sensible outcome. The ball is in their court, wait for their move. It may have been a ploy to see if you are looking for another job - why else would you have seen the ad
 
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JBman

Free Member
Sep 11, 2014
7
0
Don't resign. If you do so you make everything much harder in terms of achieving a sensible outcome. The ball is in their court, wait for their move. It may have been a ploy to see if you are looking for another job - why else would you have seen the ad

Thanks for the responses both. I'm not actively looking; a friend whom also works in the industry found it and passed it on saying "isn't this what you do, doesn't this company do what yours does and aren't your company based in xxx".

Thanks for the advice on not resigning, I suspected this much but I will follow up with some legal advice.
 
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carl.atkinson

Free Member
Jul 14, 2014
184
31
56
Manchester & London
It's not clear what you want to know.

Based upon the information you have outlined if you are made redundant it is likely to be procedurally unfair and you would have to consent to a resignation. The only way to "encourage" you to consent would be to offer you a severance package to leave which may well be what the business has in mind (this would allow them to remove you at a known date when they have completed the recruitment of your replacement).

I would suggest that you simply monitor how things develop from this point and ensure that you don't do anything which could be construed as a breach of contract.

Drop me a line if you require any legal help.
 
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Newchodge

Business Member
Nov 8, 2012
16,221
4,584
Newcastle
They can make a business decision to base a role in a particular office. If it is your role they should ask if you wish to re-locate. If you choose not to re-locate you may be redundant, depending on the reasonableness of your decision not to re-locate. If the role is moved 10 miles away, a refusal to re-locate would be unreasonable. A refusal of 300 miles would be reasonable, usually.

If it is your own job, even if in a different location, you should not have to apply for your own job. That should only happen of the role is different or if more than one person has a 'right' to the new role.
 
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Newchodge

Business Member
Nov 8, 2012
16,221
4,584
Newcastle
Thanks. I have taken advice from an employment lawyer this afternoon and they've indicated the case is likely to be an unfair dismissal. I am just sitting it out now awaiting the inevitable!


Those are some lawyers. the case is likely to be unfair dismissal, even though you are still employed? Wow!
 
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JBman

Free Member
Sep 11, 2014
7
0
Apologies for the delay in giving an update. I had a meeting with the CEO on Tuesday whereby he said my role was "at risk" as it was relocating to another office 200+ miles away and the job description was changing; He said shortly I'd need to re-apply for my role. I was not provided with a timeline for this process or a copy of the changed job description as it was not ready yet.

I'm not naive enough to think I'd get it due to him not likely me even if I reapplied (not that I'm even sure I could relocate 200+ miles anyway).
 
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