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adampike123 | 17:59 Tue 03rd Feb 2009 | Jobs & Education
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i have been told by my employers today that i have been neglegent in my work and de moted, i was a site agent/forman, and have been knocked down to worker, they gave me the option to give up my van and take a pay cut ,or leave, are they in there rights to do this?
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Some basic questions before any of us can answer that.
1) How long have you been there continuously?
2) What is a summary of the alleged 'negligence' on your part?
3) What process did they go through in 'announcing' this to you.
4) What does the letter confirming it actually say?
5) From the date of confirming it, how much notice are they proposing before it gets implemented?
Question Author
i have been working there for nearly 8 years, continusly, the negligence on my part was sadly prating about, no one was injured, or anything damaged, i was asked to attend a meeting today in front of a contracts manager, and director. i have had no confermation yet, how ever i , in my career, have only had one verbal warning, and no proir problems.
On the face of what you say, this is likely to be unfair and because you have worked more than 12 months continuously, you could have a reasonable case to try and get the same job back, or money if you were dismissed.
What is important is that the employer must follow at least the Statutory Minimum Procedure which is explained here.
http://www.direct.gov.uk/en/Employment/Resolvi ngWorkplaceDisputes/Disciplinaryprocedures/ind ex.htm
Read it then see what you think.
If they have not followed the minimum procedure, which includes you having a right of appeal, then wait until you have something in writing that says what they are proposing to do with you, then go back and ask for a right of appeal. If it is denied, then say that you do not believe they are following the minimum procedure and you propose to take the case to an Employment Tribunal. If you are granted a right of appeal, then in the appeal say you think it is unfair because they didn't follow the Statutory Minimum Procedure earlier. Either way, one hopes they would see that they have messed up the process of discipline, irrespective of whether the initial decision to demote you was fair or not.
If they can be pursuaded to change their minds, you would probably expect to receive some disciplinary action - from your poiint of view a Written Warning or a Final Written Warning.
Then keep your nose clean for at least the next 12 months.
Note this minimum required process described above does change in April 2009.
Question Author
thanks ever so much for the advice, i will hang tight and see what they put in wrighting,
Question Author
buildersmate, it has been a coupple of weeks now since i last spoke to you, i have had no letter informing me of what actions they were wanting to take, and my wage has been the same, however on arriving home tonight i have descovered my wadge has been cut by �1 an hour with out telling me, what do i do now?

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