How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46157
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have received my outcome of disciplinary. I have been told

Customer Question

I have received my outcome of disciplinary. I have been told i am to be dismissed unless i take a down grade of my position then the decision will be changed to final written warning. i have been given a very short time to decide. Is this right what they are doing?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for?
Customer: replied 1 year ago.
4 years
Customer: replied 1 year ago.
hello
Customer: replied 1 year ago.
Why have i got no answers
Expert:  Ben Jones replied 1 year ago.
Sorry I was offline by the time you replied. Does your contract say you can be demoted?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Are you still there
Customer: replied 1 year ago.
4 years all but 2 months
Expert:  Ben Jones replied 1 year ago.
Yes I am still here but every time you post a chasing response your questions goes at the back of the queue so there is no need to post more than once, thanks
Expert:  Ben Jones replied 1 year ago.
An employer cannot demote you as a result of disciplinary action unless your contract allows that. If they do it then they will be acting in breach of contract. However, they can dismiss if they can show that there was a fair reason for doing so and it was reasonable in the circumstances. They could offer you the option to accept a demotion instead of dismissing you but they cannot force that on you. So if you would rather prefer to be demoted to save your job, you could give your consent to it and then a demotion would be lawful. There is no specified time limit as to how long an employer should give you to decide and if they wanted to they could ask you to decide on the day. If you refuse to accept the demotion and they proceed with the dismissal, then you could consider challenging it, depending on what reasons they used and whether there was a fair reason and they followed a fair procedure. There are certain steps an employer must follow to be able to show that a dismissal was fair. If you do not believe it was you have the right to appeal directly to the employer first before making a claim in the employment tribunal for unfair dismissal. This is your basic legal position. I have more detailed advice for you in terms of the legal requirements on an employer to justify a fair dismissal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46157
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Could you please let me know what the reasons for the disciplinary are and I will give you details of what the law expects of the employer to justify a dismissal as being fair. Thanks

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions