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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Despite Managing a sales team that were hitting target each

Resolved Question:

Despite Managing a sales team that were hitting target each month my boss in the USA out of nowhere told me he was demoting me from my management role into a standard sales role.
After arguing my case he said he was putting me on a performance plan instead, which I ended up accepting, as I didn't want to lose my job.
I have stuck to the plan for the last couple of months, but after further issues with him I have offered my resignation.
After speaking to HR and our new UK General Manager they have all said that I have been treated unfairly by him.
Where do I stand?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

Since August of last year

Expert:  Ben Jones replied 2 years ago.
What are you hoping to achieve in this situation?
Customer: replied 2 years ago.

I just want to understand my rights, as I only accepted the performance plan as I was threatened with losing my job otherwise

Expert:  Ben Jones replied 2 years ago.
When you were demoted did you lose out in terms of salary or other benefits, for example was your pay cut?
Customer: replied 2 years ago.

I wasn't actually demoted in the end, but was told I was to be and that my salary and benefits would have to be re-structured.

I argued my case for not being demoted and I was put on a performance plan instead. I accepted the plan, as I didn't want to be demoted, but still believed it to be unjust. HR have since expressed that they also agree with this

Expert:  Ben Jones replied 2 years ago.
If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). I do not see any evidence here to suggest that the employer’s actions were discriminatory.
So if you had rejected the performance plan your employer could have easily (and legally) dismissed you just by giving you your notice period under contract. It is irrelevant whether it would have been a fair decision or based on true or fair factors. They can dismiss you without a fair reason. Therefore, in the circumstances it would have been the best option to accept the plan just to ensure that you retain your job.
Similarly, now that you have resigned you cannot challenge the fact you have been forced to do so. You either leave and that is the end of the matter or try to remain in employment but adhere to the employer’s demands. I know it seems unfair but it is going to be that or risking your job.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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