Demotion rights

[Tim Johnson]

I have been with my employer for 3 years.

 

I was promoted by my line manager 9 months ago to a new postion, and in a time of restructure within the company.

 

Last week I returned to work from Holiday to be suspended due to an allergation of falsification of documents a work. I was so angry but kept my calm throughout and went to the meetings and hearing.

 

At the hearing I was cleared of the allergation, but however they feel thatI have struggled in the role as I have had lack of training, saying I should have asked for more. They had decided therefore to demote me and reduce pay accordingly to provide me time to retrain and then possibly reapply in the future.

 

There has been no mention of performance in my hearing letter just the allagation of mis-conduct that was cleared. In every reveiw I have had at work I have had postive feedback and never been told my performance in lacking, far from it.

 

I admit there is a lack of knowledge in certain areas but I have been asking for help , but not given any. I was told I should have been beating down doors when I raised that point at the meeting!

 

I have been working 70 to 80 hours a week due to lack of staff and being in a business for the 4 weeks before my holiday and I was offered no support in this time. It was during this time that the mistake was made.

 

I have a new line manager who I have 'history' with and I feel she has instigated all this as she wants me out. I love my job, but I feel I ,ay have to leave, but I do want to clear my name first.

 

Can they demote me for performance without warning, reviews etc etc? I would add that every single performance measure we have is positive and I am not lacking begind. I was simply told it was training and behaviours that have caused the demotion, but when asked could not define any.

 

I was not prepared to defend my performace at the hearing as I was lead to beleive it was for misconduct, he simply said he could see I was struggling and this was his reason. I wish I had stopped the meeting, but I was in shock.

 

I am about to put in an appeal, but this line manager is the appeal officer. I want to get my arguements right and to know on what grounds I can appeal.

 

Thanks in advance

 

M

Edited July 29, 2012 by Tim Johnson

[Emmzzi]

My answer assumes the new role has no probationary period. Post back if it does

 

if there was no successful case against you there's currently no grounds for demotion. So it isn't an appeal, it is a rejection of what is in effect a suggestion.

 

write to them and tell them you do not agree, that there has been no performance discussions prior to this date and no performance action plans, that you do not accept the demotion, but that you will be pleased to receive more training.

 

I would however expect you to have much closer monitoring of performance from this point on.

 

unless the promotion is stressing you, you think you *are* under-performing, and this is the best option for you.

[Tim Johnson]

Thanks for quick reply.

 

It is not an option, I was told I am being demoted at the hearing. But the hearing was not for performance, for misconduct. In the notes from the meeting he quite clearly says I was not guilty of misconduct, but he is demoting me for performance.

 

Can a hearing change from misconduct to performance?

[Emmzzi]

what does your employer's performance policy state about a) the process that must be followed and b) possibility of demotion?

 

If there's nowt in it or they haven't followed policy they really can't. I suggest getting a copy is your priority.