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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Been demoted and job role been given to colleague, need advice!!


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Hello, I returned from holiday just over 2 weeks ago and on Monday I found out, by accident, that I have been demoted and my job has been given to my colleague (all this having happened when I was actually on holiday). When I challenged my boss he said that it was just a breakdown in communication! When I asked what grounds he had for demoting me he told me that I hadn't been doing my job properly. When i asked him why I hadn't been approached regarding my performance he couldn't give me an answer. I work for a large national opticians and following the conversation yesterday with my director i looked up the company grievance policy which he has, obviously, not followed this. The store is actually a franchise and wondered if that meant he didn't HAVE to adhere to this policy? Any advice anyone has would be greatly appreciated, thanks in advance!

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Hi

 

Please check your contract of employment for any clauses that may allow then to do this first.

 

Has your pay grade been affected by this demotion at all?

 

I would write to them (recorded delivery always keep a good paper trail) and request the following documents:

 

1. Disciplinary & Grievance Policy and Procedure. ( you want both and not whats in a staff/employee handbook as this may be a shortened version you want unedited version)

2. Training Policy and Procedure.

3. Job Description for Role before demotion.

4. Job Description for demoted role.

5. Equality Policy and Procedure.

 

Please have a look at this link for ACAS: www.acas.org.uk

 

This PDF from ACAS may be useful:

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thanks for the advice. He hasn't mentioned a reduction in pay and to be honest I was a bit worried to ask him about it. I would like to think that he wouldn't adjust my wages with informing me first but after the way he let me find out about the demotion I really just don't know what to think. I just can't believe the total lack of respect in his approach to this. I have worked there for 5 years and have been in the role of Clinic Supervisor for almost 4 years with no problem, or at least no problem that I was aware of. Sorry to ramble but i'm still in shock!!

 

I'll do as you have advised with regard to the letter and thanks again.

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If my understanding is correct then your employer should discuss any issues in performance and allow you to develop and work to a training/development plan. They would also after exhausting the above look at your capabilities which if I am not mistaken requires remedial input ie training plan before they can demote/sack you.

You should have been involved from the beginning.

 

Not sure the legalities of following these steps but if you went to a ET then it would look less favourable on your employer. Why has it taken 4 years to see your capabilities. Has your job description changed in anyway recently?

I may be wrong, please correct me if anyone knows different.

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I agree with all the above comments, and they should have addressed any performance concerns they had with you prior to making any adjustment to your job role and duties.This shouldn't have come as a surprise to you. I think they probably hoped to get away with the change on the basis that you wouldn't know your employment rights or even complain. If they have a company handbook and there is a performance procedure in there, I would start asking them questions as to why they haven't followed it. All the best.

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There are 3 employment law issues here 1) alteration of conditions of emloyment 2) alteration in same based on competence issues 3) demotion.

 

If you do nothing or leave it too late to act then you could be deemed to have accepted the changes. If you attend work without formally protesting about what as happened to you in writing then you could be deemed to be accepting the changes being imposed. If you choose to challenge the situation then you can either work under protest (having submitted a written complaint specifying that you will be working under protest) or you can leave and claim that this demotion amounts to a dismissal. Ultimately if you protest and they do nothing you may have to leave anyway.

 

If the company had plans to demote you then they should have written to outline their concerns and to invite you to a meeting, had a meeting where you had the right of reply and offered you the right of appeal against the decision.

 

a contract of employment is a legally binding on both parties. It should give details of position, salary, etc.

 

By demotion, they could have breached the contract of employment, so if resignation is in order, they will be open to a claim for constructive dismissal.

 

but that will have to be a fundemental breach

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