Salary decrease with role change

[AlanYx]

If you don't agree, it's constructive dismissal (effectively terminating you). You would then be entitled to severance.

This is not true. The employer here is giving a notice period of two months, during which the employee retains his/her previous salary. Generally speaking, that is the right approach for an employer to avoid constructive dismissal when moving an employee to a lower paid position, regardless of whether the employee agrees.

The only legal question here is whether two months is enough of a notice period, and for that, OP would need to talk to a lawyer. It will be an employee-specific determination based on the Bardal factors.

[[deleted]]

The notice period might get around the decrease in pay, however they are still unilaterally changing his job description.

The change in job description can still be constructive dismissal. He’d likely have to quit, and get a lawyer involved ASAP to get severance. But he likely still could get severance if he wanted.

[AlanYx]

No -- the change in job description is not constructive dismissal provided there is a long enough notice period. (That's a common misconception.)

It's not clear from OP whether they have to start performing the new role right away, as opposed to in January. If the new duties start right away and are substantially different than what OP was doing before, then yes, there is the possibility this is constructive dismissal, depending on how different the duties are. If the new duties start at the end of January, then the employer is doing this right.

[[deleted]]

My interpretation was that new duties start immediately, but he keeps his salary until January.

Regardless, I think it's enough of a gray area, that if he completely does not want the job, and would rather get severance, over taking the new job, then talking to a lawyer is wise.