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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have recently been demoted from my position as 'production

Resolved Question:

I have recently been demoted from my position as 'production planner' to Sales Order Processing at Jacksons Bakery. I thought the company could not do this as it was not a 'like for like' position. I was also furious as I believe I have been heavily bullied by management for years. The 'human resource manager' here told me to keep a diary of it which I own (it is 11 pages of quotes of abuse both verbal and physical kept from 2007-2015). Now I have been told that my salary is to be reduced for doing a lesser role by 4K from 27.5K down to 23.5K. I really did not believe they could do this. I believe my mental health has suffered greatly in the last 7 years as a result. What is annoying is that I have had no disciplinaries, my appraisals have always been excellent, and my attendance has been excellent. I went off for a serious operation and when i came back i had been demoted. Do I have a case? If so, do you do, no win, no fee?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. when were you demoted and was this following a disciplinary hearing?
Customer: replied 2 years ago.
Hi. I went off for a brain operation on Sep 22nd. It was an op to remove I was due to come back on Sunday 11th Oct but was told to come in on Friday 9th. It was then I was told I had been 'moved' to Sales Order Processing. This is a huge drop from planning which I have done for 8 years. I never had a disciplinary prior to being moved down and have never had a disciplinary in the whole time I've been here. Richard
Customer: replied 2 years ago.
Sorry an op to remove a small tuma behind my right eye that has caused me to have TLE( Temporal love epilepsy)for years.... I meant to say
Customer: replied 2 years ago.
Lobe epilepsy i meant. Sorry I'm very stressed.
Expert:  Jenny replied 2 years ago.
Thanks that is very relevant.
So have they said why they changed your role?
Customer: replied 2 years ago.
My boss just said that the company was having a shake up. My boss he was concerned for my health so thought I needed to go into SOP. My op was successful and my health was fine. The reality I have been told is that the new director and his new hatchet man/side kick, have decided I'm not good enough. They have since replaced me with someone they used to work at a previous company. My health has really gone downhill since I came back to this. I really didn't they could decrease my salary. Like I say all my appraisals have been excellent. As has been my attendance Richard
Customer: replied 2 years ago.
Sorry the English is so bad. Like I say, I'm very stressed
Expert:  Jenny replied 2 years ago.
I am sorry about the slight delay.
Your employer is not entitled to demote you. It is a breach of contract and also it amounts to Disability Discrimination contrary to the Equality Act 2010.
You should submit a grievance to your employer to say that you have not agree to a demotion therefore this amounts to a unilateral variation of contract and is void. You should also state that this amounts to a breach of trust and confidence.
You should also tell the employer that it amounts to direct discrimination contrary to the Equality Act 2010.
If matters are not rectified you can contact ACAS and start Early Claim conciliation. You can then lodge a disability discrimination claim. You do not need to leave employment to raise this claim.
We are not able to take this on on a no win no fee basis but a local high street solicitor may offer a free initial consultation . Also if you have household insurance this might contain free legal expenses cover which is worth a look at.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 2 years ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process?
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thankyou so much for your help. If what you say is correct, then I am going to press on with legal action.