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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48195
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good Morning Last year I was in essence demoted however my

Resolved Question:

Good Morning Last year I was in essence demoted however my wages were not affected. I went from being Inside Sales Supervisor, to Inside Sales Representative. I never had a meeting on the reasons nor did I agree or sign anything accepting the change. At the time I had not long returned from a weeks bereavement leave following my Mums death, which in turn had only been a year since I had lost my Dad. Although no one had asked how I was feeling regarding my loss, one of the Managers passed a comment that he didn't think my heart was in the role and that was it.
It's probably only now that I am recovering from grief and I am seeing that the changes made have not improved the company in anyway in fact we're in a worse position than when I was Supervisor, that I feel that I may have been treated unjustly.
Can you advise if you feel I have a case or is it too late to do anything?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

8 years

Expert:  Ben Jones replied 2 years ago.
What are you hoping to achieve - return to your old post? Does the title make much of a difference in relation to your tasks, responsibilities, etc?
Customer: replied 2 years ago.

No to be honest I would like to make a case for unfair treatment, there has been a lot going on, this is just the tip of the iceberg.

Expert:  Ben Jones replied 2 years ago.
If this happened last year and you have not challenged it and continued working in the position you were placed in then it may be a bit late now to do something about it. It could be implied that you had accepted the changes because if you did not challenge them soon after they were introduced then it could certainly be implied that you had accepted them. However, you could have a reason for a delayed challenge if you were not in the right frame of mind to do so at the time because of a disability, like serious depression. In terms of your legal position, then this could potentially amount to constructive dismissal, which occurs when the following two elements are present:Serious breach of contract by the employer; andAn acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away. If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal. Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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