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Not myself but a co-worker

 

Been some fun and games at work which resulted in a falling out so co-worker at one point blankly refused to talk to another co-worker.

 

Side effect of this has also resulted in a relatively new Customer services manager reporting her for being rude and unprofessional.

 

This has escalated today between her boss (Quality Assurance manager) and (Operations Director).

 

Net result is Ops Director is supposedly having her demoted down into std factory worker out of her Quality assurance Role.

 

She has worked there 13 years and tells me she has no written warning to her name.

 

Can she be just demoted like that ? does she have any defence i.e. lack of warnings/disciplinary's ?

 

Also due to other work daftness she has been on Anti-depressants for last 6 months Doctor was prepared to signer off for 2 weeks some time back but she disregarded and carried on working this is known by bosses.

 

She is at breaking point and this could be last straw that breaks what little sanity / will to live she has left :( she tries her best but gets knocked down in everything she does even though you can fault the reasons for her upholding what she believes is right within her QA role.

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She shouldn't be demoted without due process. This would be the normal disciplinary route, and demotion should only be a severe sanction at the conclusion of that process.

 

She needs to look after her health first and foremost, so should seek medical help and take what is offered. If she feels up to it, she needs to speak to an HR manager (if there is one) or to ask for a meeting with a senior manager, accompanied by a colleague. She also needs to appeal the decision to demote her in writing.

 

With her length of service, clean record and the lack of consideration for proper procedure, this could ultimately end up as a case for constructive dismissal. Difficult to add much to that at present without knowing a lot more about what happened, what she was told in advance of any meeting, whether she was accompanied, given right to appeal etc.


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She has another meeting tomorrow so hopefully will find out more.

 

We have a HR chap but he seems biased to the company desires and not impartial and has been said to have stuck the boot in himself in other disciplinary's that have occurred.

 

We don't have any Union representation so only people she can pull in to give support in any disciplinary / appeal is a co-worker company won't allow externals (I do not know if that's lawful or not?)

 

The events are very OTT and for want of a better word (Petty) Adults being childish case of once the bull-eye is painted all options are looked at for pushing out.

 

I was reading some other stuff that kind of gave me the impression at a minimum she should have a for want of a better word job evaluation for if she is up to the task & opportunity to improve before they could demote but this was a general net info and I know not if this has any true weighting.

 

I did read she has to appeal demotion else it can be considered acceptance on her part and she loses the right to appeal later on.

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We don't have any Union representation so only people she can pull in to give support in any disciplinary / appeal is a co-worker company won't allow externals (I do not know if that's lawful or not?)

 

Standard procedure only allows for a TU Rep, or a work colleague

 

I was reading some other stuff that kind of gave me the impression at a minimum she should have a for want of a better word job evaluation for if she is up to the task & opportunity to improve before they could demote but this was a general net info and I know not if this has any true weighting.

 

Demotion can either be as a result of disciplinary action, or through capability. The same procedures broadly apply, but in the case of capability the first step should be to meet with the employee and give tagets and a timeframe to improve to the level required. In disciplinary action, demotion could be a sanction imposed as a punitive measure short of dismissal.

 

I did read she has to appeal demotion else it can be considered acceptance on her part and she loses the right to appeal later on.

 

The right of appeal should be automatic in cases of capability or disciplinary action - an appeal there is that the sanction is unfair, disproportionate or unfair based on lack of procedure or breach of contract. If she has just been moved from one job into another, then she should appeal on the basis that it is a breach of contract, unlawful deduction of wages, discriminatory - there are many reasons - but yes it is true that if she continued without complaint then over time she may be deemed to have accepted it. If she registers her complaint and the change is just enforced, then there may be a situation where she could go sick as a result of the stress, resign as she feels that the relationship has been irreparably damaged by the employer's actions and take the matter to a Tribunal. That would be constructive dismissal and it would considerably help her case if it could be shown that she took all reasonable steps to resolve the matter through grievance. If that was a likely course of action then legal advice would be essential.

..


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Thank You Sidewinder :)

 

Got a message on my phone saying she went in but has since left early due to being far too upset said she is going to doctors and she would ring me later.

 

Its a bit awkward because I am literally on my hols and not in the workplace to fully understand myself what has occurred.

 

But many thanks for your responses :)

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