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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6428
Experience:  15 years experience of advising on employment law matters
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The company i work for are trying to demote me and take a wage

Customer Question

The company i work for are trying to demote me and take a wage cut. i have never been spoke to regarding any failing or disciplined in the 3 years i have been carrying out this job.
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.
Hello and welcome to Just Answer what reason have they given for trying to do this?
Customer: replied 4 years ago.

I was asked in an informal meeting about how i would feel, of which i replied not very happy. no reasons were given, my manager said that it was people above him that had taken the decision well i was off with stress in september due to the amount of travel my job was taking me to scotland all though i was a Area manager for the midlands and had a bit of a health scare.

The original converation took place in novemeber 2012. I asked in January what was happening to which i was told it will be discussed in March/April. I attended a meeting last week where i was introduced to my new boss who has the same job title as me. I have had no consultation or meetings with my manager or HR.

Expert:  taratill replied 4 years ago.
and to be clear there has been no performance management prior to you being told you were being demoted?
Customer: replied 4 years ago.

No, i returned to work from being off sick on light duties had a back to work meeting where i was told i would have more local contracts to run. These have never been forthcoming but i have not been into any other meetings or progress reviews only the informal chat about the demotion.

Expert:  taratill replied 4 years ago.
Your employer is not entitled to do this. If you are not reinstated to your original position then you will have the right to resign and claim constructive dismissal. It is not possible to demote a person without either their agreement or as an alternative to dismissal if a full procedure has been carried out.

I would suggest that you submit a formal grievance to say that you consider this to be in breach of contract and in breach of trust and confidence and that if you are not reinstated you will have no alternative but to resign and claim constructive dismissal.

You may also have protection from disability discrimination legislation if your illness is longterm and has a significant impact on your ability to carry out day to day activities. One period of stress would not be enough to amount to a disability but ongoing recurrent periods of stress which are debilitating might be. If you need further information about this please let me know.

Please remember to give positive feedback. I will be happy to answer your follow on questions.