Demotion to make way for someone else???

[darrenanthonyuk]

Hi,

Im hoping someone may be able to help me out with a bit of advice, im currently an assistant manager in the retail industry, it is a large retailer across the UK and Europe. Im finding myself demoted with 3 days notice and the reason for this demotion is that the Store manager above me is under performing and will be being demoted into my current role, as a knock on effect of this i am required to also take a demotion, losing my manager status and my monthly salary.

The short story is that my manager is under performing and will be being demoted into my role, therefore i am required to demote myself and return to an hourly paid role on the shop floor.

The only alternative i have been given is to transfer to another branch ( very inconvenient ) and continue my role there.

 

Any ideas where i stand with this would be greatly appreciated, stressing out here !!!

[leonmassey]

Demotion or transfer, if they demote you to a lesser role i think they still have to pay you your current salary for a period. I think your other option would be redundancy.

[monkeychicken]

could it not be constructive dismissal?

[darrenanthonyuk]

If I wish to stay where I am then it's a definate demotion, constructive dismissal sounds more relevant unfortunately

[becky2585]

How long have you worked there?

[darrenanthonyuk]

I've been there a year now.

[Sidewinder]

Were you actually employed as an AM, or have you been stepping up? What I mean is does your contract refer to you being employed as an AM, with salary commensurate to that position, or were you originally employed in a lesser capacity but have been covering a higher role without actually being signed off for that position?

 

If you were employed under a contract for a specific role, then you can't step down and lose salary unless your own performance is unsatisfactory, and even there only where the contract allows for demotion as an available sanction. Redundancy isn't possible, since the AM role is not being made redundant. This sounds extremely strange as in normal circumstances the underperforming Manager should be demoted into the lesser role at an alternative branch.

 

You mention that you have been given the option to move branches - one imagines that you would have the necessary mobility clause in the contract in that type of job, so have you been asked to move and have refused? Is that why the employer is saying that you will have to step down, in that case?

[Atlas01]

Sidestepping the very relevant queries from sidewinder if this is as you have put it and is not a redundancy "bumping" situation which it does not read as; I would not pursue anything along the lines of constructive dismissal and go for a breach of contract claim, the other party by way of contract may legally be demoted to lower pay through poor performace but this does not extend to unilaterally altering your terms and conditions by a no fault basis on your part.

[Emmzzi]

Just chiming in with an "I agree." If it was a permanent promotion to the role, and your performance is not in question, they can't just do this...

 

However does your contract say "any location"? In which case your job at another location IS reasonable.

[darrenanthonyuk]

I was employed in a lesser role and was promoted into my current AM role, my performance was never unsatisfactory , in fact quite the opposite. No mobility clause has been discussed and I fully intend to refuse the transfer to another branch which will apparently only leave the option of a self demotion

[darrenanthonyuk]

My contract does not state that I should work in any location it actually states my place of employment as my current location.

[Emmzzi]

So I think asking on what grounds you are being demoyted because you have a contract which says....

 

Do you have an HR department you could make the enquiry of? Half the time they have no idea the dodgy stuff managers get up to until they have to pick up the bits.

[darrenanthonyuk]

Reading through my contract I think the HR dept is probably my best option for a next step.