eFinancialCareers

Elaine Aarons, principal at law firm Withers LLP, on what to do when a new boss shakes up your cosy little world.

Does any of us like change? Change you have chosen – moving house or job, for example – is one thing, but when there's a reorganisation at work and a new boss gets foisted on you, you could end up a victim of circumstance.

Of course, not all new bosses are ogres. But a change of boss can be a dangerous thing and if you were recruited by your old boss, you may have lost your key sponsor. How influential is your old boss? Could he be an advocate for you to secure some continuity or did he leave the organisation under a cloud, leaving him with no voice at all?

The risk is that your new boss may want to keep to the letter of your contract or job description.

Did you agree things that are important to you informally with your old boss? Were you given flexibility over hours or did you have an understanding about the extent of your authority? What if these were to be taken away?

Negotiate, don't argue

The key thing is not to make assumptions. If what you have done in the past is not standard company procedure, you can't assume your new boss will accept it. You may be able to argue that the arrangements in place with your old boss became contractual and taking them away is constructive dismissal. But who wants arguments? Rather than assume they are contractual and then fall out of favour with your new boss before you have even started, seek ways of clarifying or negotiating the continuation of those terms at the outset. Make clear what you do in return for the special arrangements you have enjoyed.

Demotion

What if you are now being asked to report to someone who was previously your peer? Does that effectively demote you? And have your other peers been treated in the same way, or have you been singled out? Can you put up with it? Will the new structure look bad on your CV?

Constructive dismissal?

These scenarios could give rise to a constructive dismissal claim. In some cases, it could even be discrimination – it all depends on the particular facts. For example, if you used to report to the main board but the company was taken over by a much larger global giant, the fact that you now report to a divisional board may be equivalent.

All that said, you may be looking for a way out and constructive dismissal may be an ideal way to leave with a payout. Moreover, it may mean you are free to join a competitor, regardless of what your contract says. Constructive dismissal is a notoriously difficult area, but in the right circumstances it can open doors that would otherwise remain shut.

Even if you are not sure about leaving, if you might have a constructive dismissal claim, consider making sure it does not lapse. At least this way you keep your options open. This involves making your unhappiness clear and reserving your rights. It can be done in layman's language but a lawyer needs to bless the words so you are sure you are doing it in the right way.

What you can do

Even if a change of boss is not imminent, still think about those informal arrangements and how important they are to you. Ensure there is evidence they are agreed and enshrined in your working practices. This way, if you boss changes, you may have evidence up your sleeve that can help.

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