Employment Lawyers Can Answer Your Employment Law Questions
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?
6 years last November
were you taken through any procedure for the demotion?
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
ok let me get my response ready please
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:
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?
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
Thank you I have some idea of how i stand if I choose to contest this issue.
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