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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49773
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have received my outcome of disciplinary. I have been told

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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?
Hello how long have you worked there for?
Customer: replied 2 years ago.
4 years
Customer: replied 2 years ago.
Customer: replied 2 years ago.
Why have i got no answers
Sorry I was offline by the time you replied. Does your contract say you can be demoted?
Customer: replied 2 years ago.
Customer: replied 2 years ago.
Are you still there
Customer: replied 2 years ago.
4 years all but 2 months
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
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
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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