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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47854
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Employment Law

I was demoted in work last week from the position of team leader

with no previous disciplinary warning... Show More
with no previous disciplinary warning or recorded conversation. I have held the position of team leader for about five months although I had nothing in writing to confirm my promotion at the time. I moved to a new team a fortnight ago again with nothing in writing.
The day before I was demoted the factory was rushing to get a job completed for dispatch at the end of the day. I told my manager that I was short staffed and needed help with packing otherwise I would have to step in to do the packing myself and so would not be able to monitor quality control. I was told that the job had to be completed by the end of the day and so he could not spare anyone to assist me. As a result quality was not monitored and a fault occurred that was only picked up by chance resulting in the job having to be held back to the next day while the fault was rectified.
I wish to contest this demotion and would like to know what rights I have. The only thing I have to show on paper that I have held the position is the change in the hourly rate on my wage slip.
Submitted: 3 years ago.
Category: Employment Law
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replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked with this employer for?

Customer:

6 years last November

Ben Jones :

were you taken through any procedure for the demotion?

Customer:

I was asked by manager to go to the canteen with him for a chat where he informed me that I was being demoted as a result my failing the previous day but my wage would not change till the end of the week. When I protested he said that his superior had made the decision and there was nothing he could do about it. There was nothing on paper at all

Ben Jones :

ok let me get my response ready please

Ben Jones :

Even if you had nothing to confirm your move into the current position, it would still be considered a permanent move if this was the intention of the employer at the time. For example, if there was nothing to suggest that it was to just be a temporary move, then it would be considered a permanent one and trying to demote you now would amount to a change to your contractual duties and a potential breach of contract if it is implement without your consent or without the employer having the contractual right to do so.


 


In these circumstances you have a couple of options:



  • You can formally approach the employer to challenge their decision. If necessary you can follow the formal grievance procedure

  • If the grievance fails and your demotion stands you can consider a claim for deduction of wages or breach of contract to claim for the difference in pay that has resulted from this demotion

  • As a last resort, your final option is to resign and make a claim for constructive dismissal in the employment tribunal. You would be claiming that through their actions the employer has given you no other option but to resign and that this was a serious breach that had forced you to leave.

Customer:

In relation to claiming for a reduction in wages I held a managers position from approximately November 2012 to June 2013 which I was demoted from the reason then was the temporary twilight shift I managed closed and i was told no position was available for me. Another manager filled the previous position I had left but a team leader covered his position while the twilight shift was running. Could i potentially make a claim here too?

Ben Jones :

yes but only if you were to make a claim in the small claims court rather than the tribunal because the time limit in the tribunal is 3 months whereas in the SCC it is 6 years so you will only be in time to claim in the SCC

Customer:

Thank you I have some idea of how i stand if I choose to contest this issue.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Customer:

Good Night!