Possibly being forced into demotion

[dogmonkey]

Hi All

 

I'm due to have my yearly review shortly and I have been pre warned by a senior manager, although not my direct report, that it may not go well and that I may possibly be forced into a demotion and that this may be due to perceived performance problems.

 

Can they legally take this course of action, should they not at least offer some sort of improvement plan?

 

I must state that this is all theory an conjecture at the moment, I've heard nothing from my managers, and why this manager has warned me isn't entirely clear..

 

Many thanks in advance..

[unclebulgaria67]

Hi All

 

I'm due to have my yearly review shortly and I have been pre warned by a senior manager, although not my direct report, that it may not go well and that I may possibly be forced into a demotion and that this may be due to perceived performance problems.

 

Can they legally take this course of action, should they not at least offer some sort of improvement plan?

 

I must state that this is all theory an conjecture at the moment, I've heard nothing from my managers, and why this manager has warned me isn't entirely clear..

 

Many thanks in advance..

 

Normally for any demotion, you have to be warned about performance and given an action plan over a relevant period. If you failed to meet that, then demotion is an option. Suggest that you start finding out performance stats and reviewing against any indicators set for the job role. If you are able to compare with colleagues stats available, it may be worth doing.

 

The other possibility is that a restructure is planned, they have x number of roles at your level and you are not currently in line to maintain the role, when purely looking at stats. This might be why a senior manager has mentioned this and not your direct manager.

[dogmonkey]

Many thanks for the reply.

 

No formal warnings over performance, oral or written, have been given and no action plan has been given pre to the yearly review. My direct manager has complained that a job took too long but that was little more than a complaint, the job was completed to spec.

 

Re stats that would be very difficult as the type of work I do is essentially project work with very rough timings, in fact in the majority of cases there is no visibility, at least from my perspective, to any formal plan, just rough notes.

 

Re the restructure that is a distinct possibility.

 

I am actually looking for a new post, although not for this reason rather I'm looking for a job with less of a commute. Not the best timing...

[Emmzzi]

Does your contract or company handbook say demotion is a possible outcome of underperformance?

 

If you have a policy called something like "managing underperformance" it may be in there somewhere...?

[unclebulgaria67]

Oo

Many thanks for the reply.

 

No formal warnings over performance, oral or written, have been given and no action plan has been given pre to the yearly review. My direct manager has complained that a job took too long but that was little more than a complaint, the job was completed to spec.

 

Re stats that would be very difficult as the type of work I do is essentially project work with very rough timings, in fact in the majority of cases there is no visibility, at least from my perspective, to any formal plan, just rough notes.

 

Re the restructure that is a distinct possibility.

 

I am actually looking for a new post, although not for this reason rather I'm looking for a job with less of a commute. Not the best timing...

 

Be careful. I suspect they are trying to find reason to save money. Get everything documented. Even think about recording meetings in a discreet way,

 

For project work, make sure you are given clear information on what they require. If it is not made clear, they could argue that you should have known what was required.

[obiter dictum]

What has happened to Personal Improvement Plans and regular appraisal/Reviews

 

I am with Unclebulgaria on this one

 

Watch your back

[ericsbrother]

how is your job assessed in the first place? they cannot demote you if there is a proper grading structure that stands up to scrutiny regarding equal value/ discrimination benchmarks. Some other form of disciplinary action should be available so again, I agree with unclebulgaria about cost saving rather than carrot and stick regarding performance.

[dogmonkey]

What has happened to Personal Improvement Plans and regular appraisal/Reviews

 

I am with Unclebulgaria on this one

 

Watch your back

 

No regular appraisals, no improvement plans, and in the year I have been there no meetings with my direct manager that I can recall.

[Kittyxxx121]

It's constructive dismissal to demote someone without following the proper procedures. I suggest you speak to your trade union

[obiter dictum]

No it is not Constructive dismissal

 

Only about 7% of all constructive dismissal claims are upheld. And that % is due to a breach of some sort of a Protected Characteristic

 

Not only to mention most employment contracts now have a caveat that permits demotion in their disciplinary procedure

 

Any employee now demoted it would be expected that employee goes through the companies own grievance procedure and appeals process first

 

That would be the proper procedure

Edited October 6, 2015 by obiter dictum

[Kittyxxx121]

It would appear that the Government disagree with you obiter dictum.

 

https://www.gov.uk/dismissal/unfair-and-constructive-dismissal

 

If the original poster hasn't been properly performance managed and the claims of his poor performance are very vague, then they will have been unfairly demoted

[obiter dictum]

Not Really

 

Before any claim is instigated with the Tribnal service, the Tribunal would have expected any disagreement to have gone through the companies own Disciplinary and Grievance procedure first.

 

A sort of Pre -Action protocol to rectify the grievance

 

If not any claim for constructive dismissal will fail at the first hurdle

 

You are forgetting relevant case law since the introduction of the 2 year qualifying period as well

 

You will have to show you had to resign because of a contractual breach and no alternative was made avaliable. Such as you submitted a grievance and the employer ignored it or refused any appeals process

 

It is ok quotng this and that off the internet but the law is never set in stone, especially employment law. That is why it is decided on the balance of probabilities on the unique characteristics of each case. Every employment contract is different and no one size fits all except the express terms within that agreement

Edited October 6, 2015 by obiter dictum

[obiter dictum]

In bringing such a claim/dispute, it is for the employee to prove that the employer was responsible for introducing the condition that warranted a clam for Constructive Dismissal, and for the employee to prove that there was no other way of resolving the issue except for resignation. It is not for the employer (respondent) to show that he did not introduce any intolerable condition - it is for the employee to show that he did.

 

A tribunal will usually expect an employee to have tried to resolve the complaint through the grievance procedure before jumping ship.

 

For the final time, the disciplinary and grievance procedure is persuasive and proportionate

Edited October 6, 2015 by obiter dictum

[Emmzzi]

my question in post 4 is highly relevant; can we have that answered please?