# Am I required to change my job



## Johnny222 (23 Feb 2021)

Hi
I have been working for a company for 16 years. Its a small family owned business.
Recently it was passed down to the son of the owner and of course he has made some changes.
I was on a bonus scheme that entitled me to a portion of the profits each year if certain targets were met. 
The new owner had decided that this is too generous and instead wants to change my salary to exclude this bonus. He is suggesting that we review my whole job and duties and change my pay structure.
In fairness, the new owner has taken on a lot of the tasks I was originally performing before he started, but this was his choice not mine. 
Do I have to accept the new position and pay structure that he is offering? 
Can he force me to change my job?
I am at the stage that I would happily accept redundancy, is this an option for me to request? or am I excluded from redundancy because there is work for me, even if its under different terms and conditions?

Any pointers or help would be appreciated.
Thanks


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## Sadim (23 Feb 2021)

Johnny222 said:


> Hi
> I have been working for a company for 16 years. Its a small family owned business.
> Recently it was passed down to the son of the owner and of course he has made some changes.
> I was on a bonus scheme that entitled me to a portion of the profits each year if certain targets were met.
> ...



Strikes me like a parting of the ways is imminent so, a voluntary redundancy package might be in order seeing as you are willing to take redundancy. I presume you are near your target finish-line eg. 60yrs old, kids are reared and mortgage is low or cleared down?


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## dereko1969 (23 Feb 2021)

Does TUPE apply where a family firm is passed on? That would preserve your entitlements. Presume you don't have a contract? If you do, that would be the place to start.
Also presume given size of company you're not in a union?





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						Transfer of business (TUPE)
					

Find out how your rights are protected if your employer's business is transferred to a new owner.




					www.citizensinformation.ie


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## Johnny222 (23 Feb 2021)

Hi, Thanks for the replies thus far.
I have a contract of employment. It is a small company with no trade union in place.
What if my employer refuses to the idea of voluntary redundancy and still persists with making changes to my job and salary.
Would I have to go down the route of constructive dismissal? 

Thanks


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## Sadim (23 Feb 2021)

Johnny222 said:


> Hi, Thanks for the replies thus far.
> I have a contract of employment. It is a small company with no trade union in place.
> What if my employer refuses to the idea of voluntary redundancy and still persists with making changes to my job and salary.
> Would I have to go down the route of constructive dismissal?
> ...


I am no lawyer but my understanding is if he changes the terms & conditions then you are a de facto constructive dismissal. Even in the absence of a firm employment contract I am sure one can be inferred from history so, a change cannot be done to it without consent by both parties.... like any contract. Again, no lawyer but you are statutorily entitled to request and receive a contract of employment. Obviously the new owner would frame it to suit himself and thats when the fun starts!!


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## Leper (23 Feb 2021)

Read my Trade Union lips:- You need a new job, repeat You need a new job.


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## Johnny222 (23 Feb 2021)

Leper said:


> Read my Trade Union lips:- You need a new job, repeat You need a new job.


I agree, however I may not be able to get another job with as good a pay, especially in the current climate. I would ideally like to continue on my current salary but if I have to leave, I would prefer not to leave empty handed.


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## cremeegg (23 Feb 2021)

I would stay far away from any talk of redundancy or constructive dismissal. The worst outcome for you is winning a case for constructive dismissal and getting €25k compensation and being unemployed.


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