Can i be downgraded in my job




















Keep your job search confidential and don't mention that you're job searching to anyone at work, especially your boss. You don't want to end up getting fired because of your job hunting activities. Initiate networking activities with professionals in your field through professional organizations. Attend meetings and conferences, and volunteer for committees to raise your profile.

Here's how to use career networking to help with your job search. Reach out to friends, neighbors and family to ask for referrals to professionals in your field for informational consultations. Be prepared to explain your demotion. You may opt to explain your position change in your resume or cover letter , but you're not required to.

You don't want to knock yourself out of contention for a job because you shared too much information. Create or enhance your LinkedIn profile , join LinkedIn groups for your career field and college and reach out to contacts for informational interviews.

Be careful about what your manager and colleagues can see that you're doing on LinkedIn. Update your resume, work on some cover letters for target jobs and have your documents critiqued.

If you're a college graduate , tap the resources, services and job listings offered by your alma mater. Otherwise, check out how to find free or low-cost job search help. Attend social and professional networking events and job fairs. Have an elevator pitch ready to share with networking contacts and recruiters. Consider having a business card printed with your contact information. Do keep in mind that laying the groundwork for your transition to a new job will likely take some time.

Patience will be critical so that you don't tip your hand prematurely, and create concerns with your current employer. You should be prepared for your potential employer to ask about the demotion during your interview. While this doesn't have to be a deal breaker for the position, you should try to frame that transition in the least damaging way possible. Remember that your interview is your opportunity to highlight your strengths. While you will need to address the demotion when you are asked about it, there is no reason to dwell on it.

Do your research on the company and the position, and be prepared to discuss your relevant skills and experiences. You are there to present yourself as the best possible candidate for the job, and while you should have a plausible, truthful answer to this tough question prepared, there is no reason to elaborate any further than necessary.

If your demotion was in the past and you have now moved on to a higher level job, you can emphasize what you have learned and accomplished since the demotion, and how it qualifies you for a higher level job. So if say the demotion is because of poor performance or misconduct, then it should be a fair and proportionate sanction in the circumstances. If it is part of a restructuring or redundancy, then your employer should explore other alternatives with you. Demotion should also be implemented consistently.

Your employer should also consider whether you are capable of doing the proposed role. While the role might be more junior, it might involve tasks or systems that you have not been trained in. If this is the case then your employer should consider providing you with appropriate training. If you have agreed to a demotion, either as an alternative to dismissal or as part of a restructuring, then you should request updated written terms and conditions from your employer.

If you have not yet agreed to the role change then you could refuse to do so. However, if your employer has proposed demotion as an alternative to dismissal, this course of action does pose a serious risk that you will be dismissed. If you are dismissed because you refuse to agree to the new terms, this could amount to unfair dismissal. However, this will depend on your individual circumstances, and you should seek legal advice as early as possible if you are considering this course of action.

You generally need to have worked for your employer for two years to make a claim for unfair dismissal. Alternatively, you might consider lodging a formal grievance, to give your employer the opportunity to resolve the issue before it goes any further.

You can read more about grievances here. This is essentially when you start doing the new role but you make it clear that you do not agree to the new terms. You could do this pending a resolution of a grievance, for example. You should regularly confirm in writing that you are working under protest, and you should not do so for too long, otherwise you could damage any future claim for constructive dismissal.

You might also consider resigning and making a claim for constructive dismissal, if you have worked for your employer for more than two years. However, the strength of a potential claim will depend on your specific circumstances and you should always seek independent legal advice before you resign. Please click here to see our specific page on constructive dismissal. If you think that you are being unfairly demoted and the demotion involves a reduction in pay, then you might also be able to make a claim for unlawful deduction from wages , depending on your particular circumstances.

If your employer thinks that you are significantly underperforming, it may seek to demote you as an alternative to dismissal. Alternatively, the employer may need to look terminate the existing contract of employment and offer re-engagement on the new terms.

And if, following a period of consultation, the employee refuses to accept the demotion, another option open to the employer is to look to terminate the contract of employment and to offer to re-engage the employee on new terms and conditions of employment which include the demotion.

In considering demoting an employee, employers need to be aware that there is a potential risk that they may be exposed to a claim in the employment tribunal. A single finding of unfair dismissal may expose an employee to substantial financial liability. For example, if the employer were to simply decide to unilaterally impose the demotion without proper prior consultation and agreement and leave it to the employee to respond, this may result in them deciding to resign and a claim of constructive dismissal.

Even where consultation does take place, employers needs to be careful not to put undue pressure on the employee to agree the change given the consequences of refusal.

Where the employee feels undue pressure has been put to bear to accept the change they may also choose to resign and bring a claim of constructive dismissal.

In addition, employers need to be aware that in circumstances where the employer merely pays lip service to its obligation to consult and agree the changes and instead simply goes through the motions and does not properly engage with the employee as part of a meaningful consultation process, effectively rendering it a sham, that may also result in a claim for constructive dismissal.

Employees who are dismissed for refusing the change may also have a claim for unfair dismissal and if the employer does not serve notice of termination of employment breach of contract. Where the employee has refused to accept the demotion and the employer has terminated the contract of employment by way of a response and looked to offer to re-engage the employee on new terms and conditions of employment which include the demotion, and the employee refuses this also, whilst they may have a claim for unfair dismissal and if the employer does not serve notice breach of contract, the mere offer of re-engagement may mitigate their loss.

It is for this reason that employers often decide to employ this tool in introducing new terms and conditions of employment. Employers need to be aware that where an employee has insufficient service to claim unfair dismissal, they may still bring a claim for wrongful dismissal in any of the above circumstances.

A demotion may also be the basis for a claim for discrimination contrary to the Equality Act if it can be linked to a protected characteristic such as race, gender, sexual orientation, disability age, religion.

Employers need to tread very carefully in this regard as an employee does not need to fulfil any requirement in terms of length of service to be able to bring a claim of discrimination before an employment tribunal. Unlike unfair dismissal claims, there is no cap on the level of compensation for loss of earnings an employee may seek from an employment tribunal in bringing such a claim.

When handled carefully, demotion represents a useful option available to employers in certain circumstances; it is not one without its legal pitfalls. Given the risk of financial exposure, legal advice ought to be sought when an employer is considering demoting an employee before such a sanction is implemented. The inevitable likely impact on staff moral also needs to be considered; it is certainly not a path employers ought to go down lightly.



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