Is my demotion unfair, and can I do anything about it??

[dpassey]

I have been demoted out of the office, into the warehouse, without being given any reason why. I had a review on tuesday, and found out that the reason this was was apparently because I was talking too much. I was told that I was moved from one chair to a different chair in the office, to see if this would sort the problem. They then said that this didn't sort the issue, so I was moved outside. I have been outside for 7 weeks now, but my first office move was about 4 or 5 months ago. At no point, until I had my review and questioned this, did they tell me they were having any issues with me. So I had no chance or opportunity to be able to fix what I was doing wrong before being demoted. They now say I have to work my way back up the company to be able to get back into the office. Is there any legal rights I have with regards to this? Are the company in the wrong, because it feels very wrong to me!

[Pumpkinhead]

Hi Dpassey and welcome to the Forum.

 

We'll need some more information if we're to try and help you. Firstly, has either your job title and/or salary been changed or lowered? Have the duties and responsibilities of your job changed or just the location that you're based in? What other topics did your meeting on Tuesday cover? Also how long have you been employed by this company?

[dpassey]

Well I was classed as office staff, now I am considered as part of goods in and out. My role previously was working in the office, answering calls, doing warranties so the company can receive money for repairs that they carry out, queries, ordering parts etc. I had a very varied and important role. Now I am back doing the job that everyone starts on when they first start, which is booking laptops into the system and then sending them back out to the customers once they have been repaired. My salary hasn't changed or ltwered, however, the point of the review is to try and get a payrise. Because I hadn't been in the office for 7 weeks I had forgotten some of the stuff i had learnt, and also didn't get the opportunity to get myself upto a higher level of understanding, which meant there wasn't a chance for me to get a payrise. I have been employed by the company for 16months.

[Pumpkinhead]

What does your contract of employment give as your job title and what does it say about your duties?

[dpassey]

it is adminstrator, and it doesn't state duties, because they vary so much. the fact is, everyone knows that you start your time in the company in goods in and out, and then progress onto further things, ie, going into the office. so i have been moved backwards by a lot!

[elpulpo]

Do you have a copy of the company Disciplinary & Grievance Procedure?

Before being subjected to a demotion, they should instigate their procedure, not simply subject you to a summary demotion without there being a disciplinary hearing.

[dpassey]

to be honest, i'm pretty certain that our company doesn't have anything like this. We only just got contracts, after the company has been in business for 30 years. So they don't have all these policy and procedure documents that you would expect from a company

[elpulpo]

What procedure did they follow?

Did they notify you at least 24 hours before the meeting and tell you what was to be discussed?

Allow you to be accompanied by a work colleague or trade union rep (in a union?)?

Provide you beforehand with any evidence they intended to rely on at the meeting?

Give you the right to appeal against the decision?

 

What size is the business?

 

Questions questions questions!

[dpassey]

no, basically, this wasn't a disciplinary. It was just a review that everybody in the company is having at the moment to assess where they are at, whether they deserve a pay rise etc.

When i went in, the first thing they asked me was 'is there anything you want to say or ask, before we get on with your review?'

So i said 'well the obvious question is, why am i outside, and how long am i going to be there for?'

This is when they started to explain that i had been moved outside, after they had tried moving me within the office to see if it increased my performance. apparently after i was moved, my performance still didnt increase, so they moved me outside. at no point during any of this was i told that they thought i wasnt performing well enough. therefore, i didn't have a chance to try and work and improve.

i said to them in the review that i wish that someone had said something to me during this 4 month period, and their response was 'we are learning aswell.' to me, it is just common sense to tell your staff if you dont think they are performing well enough so they can try and improve, not just try things without telling them, and then demoting them when their plan didn't work out. They say that they don't have an issue with the quality of my work. so surely, if they think i do the stuff well enough, then tell me im not working quick enough, then i can work on the speed, so that i then have the speed and the quality. but now, they are losing out in the office on the things that i used to do really well. it just angers me so much!! and one of the bosses is so patronising that he scares me and makes me feel worried to try and appeal it.

the business is slowly growing. i would say we probably have about 70 employees there now.

[elpulpo]

Have a look at the ACAS code of practice on disciplinary and grievance procedures. This outlines how employers should deal with issues of alleged poor performance. You ned to submit a grievance to your employer if you feel that their sanction is unfair and that they haven't followed a fair procedure in coming to that decision.

[Pumpkinhead]

I agree with the Octopus - you should consider raising a grievance. I also wonder whether either all or a group of the employees are classed as Administrators and the company is trying to achieve a degree of interchangeability and multi-skilling by placing employees in different departments from time to time - or perhaps trying to place people in roles that best suit their abilities etc. Just my thoughts. Good luck.

[elpulpo]

It doesn't strike me that the written statement of particulars of employment is suitably reflective of the actual job descriptions, which it should be. When someones role changes, they should be provided with an instalment particular. Here, as the OP says, they've only just been given something in writing.

That should be part of any grievance.

[Pumpkinhead]

I'm wondering if the employer is trying to make use of the ubiquitous "and anything else we might reasonably ask you to do" clause you often find in contracts/job descriptions.

[elpulpo]

Probably

[dpassey]

well i have had a look on the acas website - found some interesting stuff which makes me feel a bit more confident.

the thing about the:

improvement note: in cases of

unsatisfactory performance an

employee should be given an

improvement note setting out the

performance problem, the

improvement that is required, the

timescale for achieving this

improvement, a review date and any

support the employer will provide to

assist the employee

 

the site also classes demotion as a 'sanction'. but surely you cant sanction someone without telling them why.

also demotion is mentioned as an alternative to dismissal. but dismissal should only happen if further misconduct or unsatisfactory performance carries on after a final warning - and i have had no warning what so ever.

 

so i do think i have a case!! i did part of a law degree at uni - unfortunately it was family law, but still kinda have the legal mind, so hopefully they will find out they messed with the wrong person!! if you're gna pick on someone, don't pick on someone that did law as part of their degree! hehe

[honeybee13]

Hello there. I believe what ACAS have on their website is guidelines, so best practice, rather than law. I would approach this carefully if I was in this position, as you could find it makes you unpopular with management. I'm not defending what they've done, but they are in a position of power. I don't suppose you have a union at work?

 

My best, HB

[dpassey]

haha no we don't have a union at work - we have nothing at work. it is a small family run business which does make this all rather awkward! but one of the main managing directors does love me! i know i have been treated unfairly, so think i should be able to do something about it = and they do actually quote acas in the contract, so they should be following their guidelines

[honeybee13]

Well if you think you've been treated unfairly, appealing or raising a grievance is your way forward. Please let us know how you get on.

 

My best, HB