To be livid with work- I’ve been moved dept and given pay cut

[TaylorNift]

With no notice -as of next week they want me gone

no improvement plan or disciplinaries (but new manager)

My family circumstances (4 kids) have been challenging the last year which they’ve been accommodating with - they’ve said a move would be better for them/me as I have have children and the hours their will better support my needs.

I do NOT want to work there. I’m shaking and so angry the way this was done. I was completely side swiped.
can anyone advise?

I am an employment lawyer and if what you are saying is correct then no, they cannot unilaterally impose a pay reduction as it would give you a claim for constructive dismissal.

You need 2 years’ consecutive service for that claim (unless it can be linked to discrimination or asserting a statutory right).

I would strongly suggest that you consult a lawyer (ACAS are frankly a bit crap).

I would also suggest a formal grievance.

They can't do this, there are employment laws. Call a solicitor for 30 minute free consultation, and contact ACAS first. There should at least be a consultation period, your pay should be protected for a period and there should be a formal process, not just sweeping someone into a different role, cutting pay and giving somebody else your job without a legal process. Are you in a union ?

.... oh and check the HR policies they should all be online and accessible - check the restructure process, pay protection and anything else that looks like it's something relevant

If it’s a large organisation, do you not have a trade union rep?

How long have you worked there?

HR should be able to support with regards to ensuring policies and procedures are followed.

That's what I'm thinking. If large company, they will definitely have stringent processes in place, and covered off in employee contracts. Especially with something like this. I think OP has left a lot of relevant info out of her post.

I was moved out of where I sat at my last job because my job role changed slightly and one of the department heads didn’t like me because I refused to work for him directly as I already worked for a senior partner and had my own caseload as well. He also didn’t like me because I got on well with the managing director and had a lot of flexibility with him because of my disability. I eventually went to the head of HR because of how he was treating me and he was given a warning but carried on anyway. I ended up having a shouting match with him in the office because rather than ask me for a quiet word to clarify something he accused me of not being able to do my job in front of everyone. I didn’t stay there much longer. They can change your role and contract but speak with ACAS about your rights either way

A similar thing happened to me. I was moved to another dept with a pay cut. No performance issues, they were restructuring. But: the co paid for me to have independent legal advice and I got a redundancy payment because I was made redundant from one job and hired to another the same day. I also got a smoothing payment to compensate for the pay cut. I was actually quite happy. In your case they are doing none of that, which seems poor form and you should get legal advice. If they’re going to demote you for performance reasons without going through proper process they should compensate you. I reckon you must have performed poorly or they wouldn’t be doing this, but fortunately for you they’ve put themselves in the wrong by not raising it until now and not following proper process. Your decision now is whether to fight them - you probably won’t win - or try to negotiate the best possible deal for the time being, playing on the fact they have handled it poorly, then find another job. Good luck. And try to perform well in future so it doesn’t happen again.
PS I worked mega hard in my new role which I enjoyed despite the loss of status and a year later I got a big promotion to more money than I was on before. You can bounce back OP.

Be polite. Say that you are unhappy and want to discuss this .
"Never slam the door on the way out."

any update op?

I'd put everything in email, what you have been told so far and what Q's you have. I'd state you won't be responding to their request about new role until all Q's answered via email. Hope you've contacted acas and got some support and direction

They're out of line. You can't be moved and take a pay cut without agreeing to it. A tribunal would see it as constructive dismissal. Make sure you have an email trail at least of what they've said and trying to do

OP in my experience this kind of bullshit is depressingly common but also often not at all in line with the law. As others have said, review your contract and see whether they are able to move your role and adjust your pay. If a specific salary is listed and there's no mention of their ability to reduce it or move you, then you absolutely need to be fighting this. The fact that they've asked you to give an answer makes it sound like an offer not insistence - even if they made it sound that way. I would email - make sure whatever discussions you have are now in writing- that 1) this proposal is not in line with the terms of your contract and you do not agree to accept their proposal- which without a proper redundancy or performance process you assume it can only be a proposal rather than mandatory. 2) You are concerned that the rationale given was performance related when there have been no performance discussions and there is no evidence of underperformance; 3) That you are concerned it could be discrimination and you intend to seek legal advice.

Definitely start looking for a new job anyway though, it won't end well. And who wants to work for arseholes anyway? Good luck.

My understanding is that "one's employer" is entitled to offer an employee "suitable alternative employment" within a company but can not impose a significant pay cut.

They may be hoping that you'll leave of your own accord so that they don't have to pay redundancy.

My advice would be to stick it out for a bit, don't accept a pay cut, and see if they make you redundant.

A large organisation should have policies around under performance and restructure.
Get the current policies and save or print asap before they change them.
I'd consider going sick with stress while you work out what to do as it must be awful in your workplace.
See your union rep if you have one, pregnant then screwed might also have advice.
Look for another job, at least you'll know what's out there.
Good luck.

Do you have a zero hours contract?

It is impossible to help with vague information, you need to review with ACAS. Companies are allowed to restructure, and that means moving people around. Legally they have to consult you, that's what's happening this week - this is your opportunity to raise concerns. The alternative option is likely to be redundancy. In practical terms, you'll be moved unless you leave; you can dislike it and state a decent case, but businesses are allowed to put people where they think will work best and your poor performance will really go against your ability to argue against the move here. Lower performance doesn't have to lead to a PIP to be evidence based, and highlighting your poor performance by pushing debate on it is the least helpful thing you can do. Why are you so keen not to do the other role, what is it that you don't like about it?

The salary is a different matter, you can't just have salary reduced without your consent - however if it is reducing due to number of hours and you had asked for flexible working times, then this might get murky. Employees have been known to agree to a salary reduction if they drive the change, or if the other option is the company going under. An employer would be foolish to think you'll just agree without advice in this scenario, but I suppose it's possible. Your best option is likely to be agreeing to the move but with no salary change. Again, give ACAS actual information if you want advice.

i have a feeling this op won’t be back

What they are doing is illegal. I hope that you speak to acas. Good luck.

I'm starting to see a pattern in your comments now. What on earth so you get out of being so horrible to posters?

Tell manager you want everything in writing and don't deal with them unless you have a witness or if you are in union a representative. Definitely don't sign anything until you have hr and acas info.

You really sound full of yourself, but that's really not how it works. An employment tribunal would be really clear about this. Ditto ACAS

I cannot thank you enough

in short

I am not moving.

i suspect my new line manager is going to hate me for this. From what I’ve heard he is now facing a disciplinary because of how this was handled.

Not only did I engage with HR I took it to the regional manager (was so tempted to add ‘fucked off and getting legal) 😂

I am staying
I am on the same wage.
No PIP!

Excellent xxx Well done!

That is an amazing outcome, well done and congratulations!

Good for you OP, there are processes to follow and I hope your manager learns a lesson here.