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Constructive dismissal?

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  1. #1

    Join Date
    Feb 2012
    Posts
    71

    Constructive dismissal?

    Hi,

    so I have been working for a company for over a year now and I was hired in the capacity as an accountant (I am ACA qualified in the UK). My company is going through some issues (i.e. they are not making money).

    I have suspicion that they will try to move me towards business development and the cynical side of me suggests that the head of that department basically wants someone to blame since some people have left. However, I feel this is beyond the capacity of my role.

    Is there anything I can do?

    Thanks in advance for any advice


  2. #2

    Join Date
    Dec 2011
    Location
    Sai Kung
    Posts
    275

    If this is an accounting/law firm, not much you can do. If they move you to a BD role (non-client facing?), it would be an adjustment. If you don't like this role, you should start planning your exit strategy.

    Last edited by fullmetaljacket; 13-01-2021 at 01:31 PM.
    Gavster likes this.

  3. #3

    Join Date
    Jul 2006
    Posts
    3,886
    Quote Originally Posted by Gavster:
    Hi,

    so I have been working for a company for over a year now and I was hired in the capacity as an accountant (I am ACA qualified in the UK). My company is going through some issues (i.e. they are not making money).

    I have suspicion that they will try to move me towards business development and the cynical side of me suggests that the head of that department basically wants someone to blame since some people have left. However, I feel this is beyond the capacity of my role.

    Is there anything I can do?

    Thanks in advance for any advice
    You can resign and get nothing. You can get made redundant and get nothing.

    But if your boss wants to keep you (rather than retrenching you for free) that's a good sign. Negotiate as best you can and look around for a new gig, but stay in the current job as long as you can until you can find something else.
    Gavster and marshall24 like this.

  4. #4

    Join Date
    Feb 2012
    Posts
    71

    Thanks for the replies. The company is an online brokerage so the business development and sales departments would tend to deal with the client-facing. I figured a change of role would constitute some sort of breach to the original employment agreement and if dismissed, be deemed to constructive dismissal


  5. #5

    Join Date
    Mar 2020
    Posts
    2,128

    I think you would have a case if they moved you to a position you are not qualified for and then used it as an excuse for dismissal. It would also not be appropriate to move you to a different position and adjust your salary according to that position.

    I'm not sure whether the change is position itself would be enough to qualify, it really depends on your contract and the duties involved. An employer should not change the terms of a contract while it's still binding. The appropriate way to deal with this is to draw a new contract. As always best to consult professionals...

    aw451 and Gavster like this.

  6. #6

    Join Date
    Dec 2013
    Location
    Hong Kong
    Posts
    12,323

    It's a new skill. Provided they don't change the terms of your employement to something less attractive (which IS constructive dismissal), just treat it as a learning experience and something to add to the CV. Otherwise they can give you notice and give you nothing. HK has few protections for employees.

    Jillypots and Gavster like this.

  7. #7

    Join Date
    Apr 2012
    Location
    Hong Kong
    Posts
    2,267

    I've seen this kind of things happening a lot in HK. The company hire all kind of people then realize no one is driving business revenue so they put everyone on BD. That shows they have no idea how to manage a company and identify the skills they need. I would look for a way out asap. Labour department here is useless and take ages to get anything done.

    chuckster007 and Gavster like this.