Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long have you worked there for and is there anything in your contract which says you can be demoted?
Hi there, sorry I was offline by the time you had replied. So the first thing to note is that the employer is contractually able to demote you if necessary so there is no argument that they have acted in breach of contract here. This usually happens if the employer had no right to demote and they do so anyway, which amounts to a breach of contract.
Your first point of appeal is that they have one against their own complaints policy and reopened an already closed complaint. It is nevertheless important to check if the provision of new evidence allows them to reopen them as they could try and argue that here.
As to the evidence they relied on, whilst the GPS data may not have necessarily pinpointed the use of the vehicles to you, it is not necessary for them to have 100% concrete evidence linking it to you to make a decision.
In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:
· Conducts a reasonable investigation;
· Follows a fair disciplinary procedure; and
· Shows they had reasonable grounds to believe the employee was guilty.
An employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.
If there are any doubts about any of the above and there is belief or evidence that the employer has not satisfied these requirements, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the appeal fails then your only viable option is to resign and claim constructive dismissal instead.
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