Employment: constructive dismissal. Трудовые споры: конструктивное увольнение (неправомерное увольнение по инициативе работодателя)

Thompson and Grimes Solicitors telephone: +44 (0) 2313 06784

33 Granville Terrace fax +44 (0) 2313 06785

Manchester email: enq@.tj.uk

MN 66GR

Your ref

Our Ref CBS/GFI.5-1

9 October 20—

Smith Audio Engineering plc

23 Park Lane

Manchester

MH 25AC

Dear Sirs

Our client: James Thorne

We are instructed by the above-named client in relation to his employment with your organization.

We are instructed that our client has been employed by your organization since 12 May 1999 as a Senior Sales Manager, and that he has recently been allocated, without consultation, to the position of Sales Representative, which effectively represents demotion within the organization.

We are instructed that our client was informed of the decision to move him to a new position during a meeting which took place on 29 September 20— with our client's supervisor Mr Daniel Henderson. Our client notes that there had been no previous criticism of his work – on the contrary, Mr Henderson recently praised our client for the exceptional sales figures he had achieved during the second quarter of this year. Nor had any consultation taken place with our client prior to the company making its decision. We understand that a new position of Area Sales Manager has been created, for which our client, though eminently qualified to fill the position, was not invited to apply. We note that the position of Area Sales Manager has been awarded to an outside applicant and that there was no proper internal advertisement of the position. This of course amounts to discrimination.

In the light of the above, it is clear that our client's employment contract has been unilaterally varied in such a way that amounts to constructive dismissal. Our client would be fully entitled, therefore, to resign and bring a tribunal claim for constructive dismissal. We have advised him that he would stand excellent prospects of success before the Employment Tribunal.

Our client would, however, be prepared to attend a meeting with the Human Resources Department to explore alternative means by which this matter might be resolved. We look forward to hearing from you with your proposals in this regard.

Yours faithfully

Thompson and Grimes Solicitors

Thompson and Grimes Solicitors

Smith Audio Engineering plcTelephone: +44 (0) 1202 94578

23 Park Lane Fax: +44 (0) 1202 94579

Manchester Email: info@sae.com

MH 25AC

Your reference GESGFI/GRI.5-1

Our reference CSB/4581

14 October 20—

Thompson and Grimes Solicitors

33 GranvilleTerrace

Manchester

MN 66GR

Dear Sirs

Re: James Thorne

Thank you for your letter of 9 October.

We cannot accept the interpretation you place upon the discussions held concerning Mr Thorne's employment within this firm. It is clear that Mr Thorne has simply misunderstood the position. The new position of Sales Representative which has been offered to him is not materially different from the position he has filled up to now. It is simply a proposal at this stage. In any case, if Mr Thorne had a grievance regarding this matter, the proper procedure would have been for him to use our internal grievance procedure in the first instance.

As regards the new position of Area Sales Manager, at no stage did Mr Thorne show any intention of applying for this position. Furthermore, this role required skills that he simply does not possess.

Yours faithfully

Jennifer Palmer

Ms J. C. Palmer

Human Resources Co-ordinator

Thompson and Grimes Solicitors telephone +44 (0) 2313 06784

33 Granville Terrace fax +44 (0) 2313 067845

Manchester email: enq@tj.uk

MH 66GR

Your ref CSB /4581 Our ref CBS/GFI.5-1

20 October 20—

Smith Audio Engineering plc 23 Park Lane

Manchester

MH 25AС

Dear Sirs

Our client: James Thorne

We thank you for your letter of 12 September, on which we have now had the opportunity of taking our client's instructions.

We are instructed that our client was not at any stage informed of the grievance procedure. Furthermore, our client's position clearly does not represent a 'misunderstanding' as you characterize it, but a serious and legitimate grievance.

You have failed to acknowledge that the position offered to our client is a demotion, as it undoubtedly is. Your contention that it is merely 'a proposal at this stage' is wholly untenable in the light of our client's instructions that the management team had already decided on the change before advising him of it: at his meeting with James Parker on 29 September, Mr Thorne was explicitly told that his existing position would be lost and he would be assigned to a new position. He had no choice in the matter, and indeed was asked to sign off his new job description there and then at the meeting. In effect, he had to accept the new position or leave the company.

It is also quite absurd for you to allege that our client did not “show any intention of” applying for the position of Area Sales Manager – this is hardly surprising given that he had no knowledge that such a post was going to be created until it had actually been filled by a candidate recruited from outside. Furthermore, it is clear that our client did indeed have the skills required for this position.

If our client has in fact been made redundant from the position of Senior Sales Manager, you have failed to acknowledge this. In the circumstances, the change of post forced upon our client must be treated as a fundamental breach of his employment contract, amounting to constructive dismissal.

In the circumstances, our client has no option but to resign and issue Tribunal proceedings. We have instructions to issue proceedings if we do not receive from you concrete proposals for settlement of this matter within the course of the next 14 days.

Yours faithfully

Thompson and Grimes

Thompson and Grimes

Smith Audio Engineering plc Telephone: +44 (0) 1202 94578

23 Park Lane Fax: +44 (o) 1202 94579

Manchester email: info@sae.com

MH 25AC

Your reference CBS /GFI 5-1

Our reference CSB/4581

27 October 20—

Thompson and Grimes Solicitors

33 Granville Terrace

Manchester

MN 66GR

Dear Sirs

Re: James Thorne

We write further in this matter.

As you may know, a meeting was held on 23 October between your client and myself. The outcome of this meeting is that this firm has agreed to acknowledge that your client was effectively made redundant by the changes to his job description. We are now in the process of negotiating Mr Thorne's redundancy package, and trust that this concludes matters.

Yours faithfully

Jennifer Palmer

Ms J.C. Palmer

Human Resources Co-ordinator