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Following a disciplinary hearing I was demoted to a lower grade suffering a £5000 pay cut, I appealed and the decision to demote was upheld.

Can I bring a claim to an employment tribunal and if so on what grounds? Resining and calming constructive dismissal is not an option owing to my age and the lack of work outside

Thanks

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It depends. Does your contract state that demotion can be a disciplinary penalty? Or were you given the option of being demoted or being dismissed? And how long have you worked there? And were you guilty of the allegation? In other words - more details please???

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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The company discipline policy states that one of the possible outcomes of the discipline meeting could be demotion dismissal regarding ECT.

I have worked for them for over 25 years

The issue is I believe the actions to be unfair, unreasonable and have suffered a massive loss £5000 (well massive to me) the matter related to an email message the recipient found offensive, however any person of a reasonable firmness would not have found the message in any way upsetting, I believe it was an excuse for the company to get me out of my post

I was not offered any deal and was told I had been demoted as a result of the hearing I do not believe the disciplinary process was flawed just the charge was spurious and the decision was unreasonable

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I am afraid that you are on very risky grounds then. Providing that there is a contractual right to demote as part of the disciplinary process, this is a sanction which it is open to the employer to use, and it is unlikely that it would constitute a breach of contract or unlawful deduction of wages provided an appropriate disciplinary procedure has been followed. What this latter means is that the process of the procedure was followed to the letter, not that you disagree with the findings. And I would have to say that "any person of a reasonable firmness" is not a test in law anyway! But I would have to say that your chances of challenging this in law are very slim, and would not recommend attempting to do so without some detailed legal advice. Sorry, but I suspect you may be stuck with this.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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So,

In effect you are saying there is nothing stopping an unscrupulous employer cobbling together a disciplinary charge on the flimsiest of grounds holding a meeting with the employee and demoting them

I have just lost faith in the British legal system

Thanks for the advice :-(

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No - I am saying that there is nothing stopping an employer from bringing disciplinary charges under a fairly conducted process, and demoting an employee as a disciplinary sanction where that samction is permitted by contract, and that sending an e-mail which causes someone offence cannot be defended on the grounds that "any person of a reasonable firmness" would agree that the e-mail was ok, because there is no such defence. I haven't concluded whether the penalty was fair or not, and neither has the "British legal system" - because we don't know what you said in the e-mail, or how or why is caused offence.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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