Unfair dismissal/demotion

[Cyp2023]

I currently work as an IT manager.

 

My wife has been offered a job abroad and I mentioned the possibility to my company to see if I could work remotely (worked 2yrs remotely during covid and only go in 2 x a week now). They refused for me to work remotely and offered for me to step down and become an engineer, until I find a job abroad. 

 

In the meantime I have found a job for another uk company working remotely (but not confirmed yet due to the company looking at tax rules).

 

Without me accepting this or even handing in my notice, they have 'restructured' the company and demoted me from manager to an engineer, in effect from this week. I mentioned that this was unfair and that I would seek legal advice and they said If I get lawyers, so will they and that I don't need any added stress at this moment in time.

 

This is really disheartening as I am not taking a significant pay drop and they feel they are supporting me by offering me to work remotely as an engineer. The move is not scheduled to happen until August/Sept but they have made changes from now. 

 

Who can I speak to in regards to legal advice?

Do I have a case here for breach of contract/unfair 'dismissal'?

[honeybee13]

Hello, welcome to CAG.

 

We don't have qualified legal advisers on employment stuff here, we're all volunteers. But @Emmzzi is very good on employment stuff. Hopefully she'll be along soon.

 

Are you a member of a union?

 

Not trying to pre-empt Emmzzi but I do know someone who works for a UK company from home in the EU. I forget the exact reasons but it boiled down to him needing to set up his own company in the new country. Maybe your company's advisors will come up with something else.

 

Best, HB

 

 

[Emmzzi]

Some questions...

 

What was the exact wording you used when you raised the possibility of remote work?

How large is your employer?

Do they have an HR department?

And what's wrong with you both getting a lawyer, so what if they have one too?

[Cyp2023]

Hi Emmzzi, thanks for your response.

 

I mentioned initially that there was a prospect of me moving abroad and they said they would discuss and feedback

 

. I asked if I could continue working for them remotely/with a slightly earlier start time due to time difference.

 

When they fed back they said I could not continue as a manager remotely but they'd consider me as an engineer.

 

I then told them last week that I had a job interview and was successful however prior to handing in my notice the company needed to look at the taxation rule.

 

They were frustrated that I applied for another uk company and said that I should continue working for them as an engineer (until I find a job).

 

They have demoted me already and put me on an engineer's salary starting this month.

 

I made it clear that I wouldn't have been moving until august/Sept, so I could have continued with my role. 

 

No HR dept and the company has approx 15 employees.

[Emmzzi]

Thanks, A couple more.

 

Is the role being made redundant?

 

And; what do you want the outcome to be?

[Cyp2023]

46 minutes ago, Emmzzi said:

Thanks, A couple more.

 

Is the role being made redundant?

 

And; what do you want the outcome to be?

The role has been given to one of the engineers that I trained.

 

In regards to outcomes I want to know if I can take legal action to get compensation? The boss says they are able to restructure and change salaries/positions within the company but it all seems very coincidental. 

[Emmzzi]

The role hasn’t been made redundant so they cannot make you redundant or place you in alternative employment unilaterally without any process.

 

Start by lodging a formal grievance.

 

I assume you want to be in the position you were before they moved you : so say that as what you want the outcome of the grievance to be.