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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61637
Experience:  Qualified Employment Solicitor
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I have some issues with my employer. The action that has

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Hi i have some issues with my employer. The action that has been taken into an investigation i think is incorrect
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I want to have some advices from someone who is dealing with this kind of things.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was a Team Leader, i am still am employee but i have been stepped down and i don't know if is legal
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: That is it

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?

Customer: replied 5 months ago.
6 years all together with the company
Customer: replied 5 months ago.
I am at work right now so i can't speak trough the phone

ok thanks and why have they demoted you?

Customer: replied 5 months ago.
For a GDPR issue. I have done something wrong

Does your contract state that you can be demoted?

Customer: replied 5 months ago.
It dosn't says that. But the steps for an disciplinary meeting are the folow: first verbal, first written, final warning and dismissal.
Customer: replied 5 months ago.
about my contract they have give it to me after 8 months.

Ok thanks. A demotion would basically amount to a change to your contractual terms and conditions, especially if there is no clause in the contract allowing it.

There are occasions when an employer may try and make changes to an employee’s contract of employment. If they wish to do so, there are a few ways, in which they can do it:

· Receive the employee’s consent to the changes.

· Give the employee the required notice to terminate their current contract and re-engage them under a new contract containing the changes.

· Simply force the changes through with no notice or consultation.

The following options are available to employees to challenge these actions:

1. If the employer forces the changes through, the employee can start working on the new terms, then write to the employer making it clear that this is done ‘under protest’. This means that they do not agree with the changes but feel forced to do it as they have no other option. In the meantime, they should try and resolve the issue by raising a formal grievance with the employer. This is only a short-term solution though as the longer someone works under the terms, even under protest, the more likely it is that they will eventually be deemed to have accepted them.

2. If the employer gives notice to terminate the current contract and re-engages the employee under a one, it could potentially amount to unfair dismissal. However, the employer can try and justify their actions if they had a sound business reason for doing so, usually from an urgent financial perspective. If no such reason exists, it is possible to make a claim for unfair dismissal in the employment tribunal, subject to having at least 2 years’ continuous service with that employer. This would be on the grounds that there has technically been a dismissal because the original contract was terminated by the employer.

3. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., it is also possible to resign and claim constructive dismissal. The employee must accept the changes and immediately resign in response to them. A claim is again dependent on the employee having at least 2 years' continuous service with the employer.

Does this answer your query?

Customer: replied 5 months ago.
I didn't sign any thing. It was a decision from a disciplinary meeting. I am not sure if they have this right to do it.

No hey do not as the contract does not allow it, hence why it would amount to a change to your terms and conditions as mentioned above. Hope this clarifies?

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