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Demotion without consent HELP!!

27 replies

Shyie · 26/09/2021 11:59

Hi all,
I recently started work 2 weeks ago as a supervisor in a food shop. Unfortunately the same week I started my job, my dad died 2 days after starting so I took 6 days off as compassionate leave. Came back to work- the other supervisor said that I was too slow and need to speed up.
Next day, I go to work and my supervisor informs me that managers have decided to demote me and move me to another shop within the company. Its either this or I get the sack.
They didnt even give me the bloody chance to prove myself.
The manager hasnt spoken to me, hasnt reviewed my performance- nothing.
Can they actually do this?? Is there anything I can do? HELP!!!

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Dozer · 26/09/2021 12:01

Very sorry about your dad.

Awful treatment by your new employer. Don’t think there’s anything you can do, employment law wise. If it’s a big company you could try their internal grievance procedure. If not would do as they have asked but seek a new job elsewhere.

Shyie · 26/09/2021 12:03

What would happen if I start a grievance procedure?

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Shyie · 26/09/2021 12:04

It's a huge company

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girlmom21 · 26/09/2021 12:05

I'm sorry for your loss.

I doubt anything will come of a grievance procedure to be honest. You haven't been there very long at all.

I assume they're decreasing your salary etc? Have you been given a new contract?

Littlegoth · 26/09/2021 12:08

An upheld grievance should see your original position restored. It’s worth doing as 3 working days is not enough time to assess your ability. Even during probation a performance improvement plan should have been put in place to support you. What have you got to lose? If the grievance isn’t upheld then I don’t think you would want to stay working there anyway and you can put plans in place to leave.

I work in HR and the more I read on here the more aware I am that I’ve worked for some pretty decent employers.

Littlegoth · 26/09/2021 12:08

(I’m sorry for your loss x)

Dozer · 26/09/2021 12:08

Yes, as for your written contract.

The employee handbook should explain the process. Just set out the brief facts as you see them, in writing, and what you would like to happen. Someone not directly involved should investigate and respond. There is a small chance HR/head office could have sympathy and over rule the managers who took the demotion/move. If that doesn’t happen and the decision stands you shouldn’t be penalised for having complained.

Dozer · 26/09/2021 12:10

Sorry, ask for your written contact.

What you’d like to happen: to be given a reasonable period of time to learn and perform in the role you were recruited to, on the wages you were offered, and any necessary information / training.

Shyie · 26/09/2021 12:19

Hi all,
I am on a permanent contract (3month probation period) with my hours fixed to 40 weekly.
I have spoken to HR, they have said management cant do anything without my consent first.
I have read the handbook, it does say that if someone is underperforming, there should be an action plan in place with reasonable timeframes to expect the person to approve.
My colleague said that an 'appraisal' has been done without me and they have concluded that I am not fit for the position. How can they do the appraisal without me?
How can they decide on the basis of 3 days that I am not fit for the position?

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Stovetopespresso · 26/09/2021 12:25

go back to HR? ask them to intervene here?

Littlegoth · 26/09/2021 12:36

I second asking HR to intervene.

Justforphoto · 26/09/2021 12:38

The problem is that they could simply let you go instead

Shyie · 26/09/2021 12:40

My first plan of action is:
Confront my manager and ask if what my colleague said was true
Why I am hearing it from my colleague first and not from herself (my manager)- this is appalling btw for a manager to behave
Try to resolve the situation informally. If they were adamant that they want me demoted and moved (and if my pay is affected drastically) then I will email HR and get my manager's manager involved.
Does this sound ok?

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AmDillDandin · 26/09/2021 12:40

At only a few weeks in, presumably it's a 'it's this or we let you go' situation?

Shyie · 26/09/2021 12:41

@Justforphoto

The problem is that they could simply let you go instead
This is what I am worried about. I really need this job until I find another
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AmDillDandin · 26/09/2021 12:41

Sorry cross posted and also missed that you'd said it was indeed that situation.

Doesn't sound very professional in how they're handling it that's for sure

Shyie · 26/09/2021 12:43

I cant believe that they can sack me on the basis of 3 days! It's not enough time to assess me and my dad just died for God's sakes. I'm trying to cope as much as I can right now

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prh47bridge · 26/09/2021 12:43

Is the supervisor who has said this someone who supervises you or just another supervisor on the same level as you? Do you report to the supervisor or the manager? I ask because you say the manager hasn't spoken to you and you say your colleague has told you about the alleged appraisal. If you report to the manager, your colleague may not be telling you the truth.

Shyie · 26/09/2021 12:47

So my colleague is the 'senior supervisor ' as she has been in the company for many years but is in the same pay grade as myself.
I'm sure what she is saying is true- she seemed quite gleeful actually and would have no reason to lie tbh

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prh47bridge · 26/09/2021 14:56

Unless you report to her, please check this with the manager. Don't assume she wouldn't lie. People lie for all kinds of reasons. However, if it is true, I agree with others that you need to raise a grievance.

MrsMoastyToasty · 26/09/2021 15:01

I'd have a chat with ACAS.

Crimeismymiddlename · 26/09/2021 15:02

I would talk to your manager. It might sound unbelievable but the other supervisor could be making it all up. Big companies have proper procedures and it would be your manager/hr relaying all this to you not a senior supervisor. She might be storing up trouble for whatever reason. Also I would be job hunting pronto-don’t include this job, say you took a career break.

Shyie · 26/09/2021 16:02

I definitely will be jobhunting from tommorow. And I will not be including this in my CV as it hasnt even been one month yet and I'm facing all these issues!

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PaterPower · 26/09/2021 16:11

If you’d been employed for longer this would be constructive dismissal.

As it’s such a short period of employment, I would continue pushing HR and lodge a grievance. You’ve nothing to lose now tbh.

Shyie · 26/09/2021 16:25

Thankyou for your help everyone Flowers
I'm a single mum to three young sons so I have no idea how I'm going to cope if I lose my job now. I can't believe this is happening.
I couldnt even cry when I was informed of this by my colleague (I'm normally a cry baby lol) because I'm so baffled

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