unfair demotion?

twentyfourseven_2

:(I work for a large company as a retail store manager and have been with the company for 10 months. My area manager and an HR rep kept me back after an area meeting yesterday, and told me that because of poor audit compliance at my store they wanted t demote me to assistant manager level and cut my salary by around 7k then move me to another store to re train.

I haven't been given any indication that this might happen, and havent been given any opportunity to improve. The only other option to me is to go down the disciplinary route, which in his words "won't be very nice".

They admitted that the previous, area manager who employed me was wrong to give me a managers position, looking after a store, with little or no experience within the company. i applied originally as assistant manager in order to get my foot in the door, but he saw my experience and offered me a managers role. (i have been a catering/retail manager for 20 years though).

This area manager has only just taken over my store, and said,
"i was told what you were like before i took over, but i think you're ok!!! From what i have given you to improve on so far, youve done it. But the powers that be, want something done"

so, what? everybody but me knew i was struggling?

I trained in the store that i took over, and they admitted that this was wrong too and would not normally happen.

The guy who took me on left shortly after i started, we had a stand-in area manager who i spoke to about 4 times in six months, so they admitted i had little or no support in my role, but i should have asked for help !!! i wasnt aware i was doing so bad....my sales figures are very good, increased a lot since i started. Their problem is with some store standards and procedures.

Anyway they said i had to decide what i wanted to do by monday.

Am i being treated unfairly? I'm stuck between a rock and a hard place !!!!!!!!!!!

RedSoleShoes

Sounds like maybe there has been a customer complaint (or number of them) and they have to be seen to be doing something about it.

Or perhaps they are just useless on the management level above you and unfortunately using you as a scapegoat.

I presume you have passed your probation and there is no record of any appraisal etc to state that you needed to improve? You probably could look at the route of resignation and constructive dismissal as they have effectively breached your contract by forcing you to accept unreasonable changes. Of course, this would mean you are out of a job and it is not an easy route to go down, and you could still lose out altogether. I'm not sure this is what I would do myself in your position however.

Would you prefer to keep a job and stay on as AM then work your way up again rather than look for a new job?

Here's a link about constructive dismissal:
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026696

twentyfourseven_2

I passed my probationary period, had one appraisal which lasted about 2 minutes! Had no other formal written evidence to suggest i was falling short of their mark.

They have basically admitted failure with me.

JournalGirl

You say that they told you the alternative was disciplinary...I would consider going for that. Get your company's disciplinary procedure. This will tell you the stages they go through. Read up on the ACAS website, and get some advice either from ACAS, Citizens Advice, your union if you have one, or an employment law specialist (Many of these will offer you a 15 minute consultation free of charge).

Even if a disciplinary hearing finds fault with you, normal procedure is to give you support/training and a timescale to improve. I think they are trying to con you into accepting the demotion because they know that they will have to go through several stages of disciplinary to dismiss you, and they know they probably won't succeed. For poor work which they have not advised you of, you could get a warning, but as long as you improve in the agreed timescale, it's VERY unlikely that they could dismiss you.

naughtyjo

The simple answer is that they cant do it.
If you have been apparaised and no areas for concern were raised then how were yoou to know if they had any. They would have to offer additional support to you aswell if they felt you needed additional training.
I would tell them that you are not prepared to accept the demotion and if they wish to persue the disciplinary procedures you will have no hesitation in going to an employment tribunal and also seeking legal advice.
Stand tall and stick to your guns they are in the wrong and are obviously hoping you will just accept it. Most solicitors offer a free half hour and if you have house insurance look if you have legal cover on your policy

GavB79

How long would it take to get back up to manager if you went for the assistant option?

getmore4less

They have basiacly said that they think you are able to be a assistant so the outcome of any disiplinary should be that at worst unless they uncover other issues.

You could point out yhere is no need for a formal displinary process to start since it is clear the it is not just you that has led to the breakdown of the stores performance, based on what they have said allready there is probably room for a grievence so the best way forward would be a performance appraisal of yourself the store and management to identify an improvement plan say over 3 months with set goals and milestones, this would be a mutualy monitored process and you expect the support of management when necesssasry.

Accept that if it become clear that once you are being supported propperly and have clear objectives that there are still issues you will review your position.

twentyfourseven_2

GavB79 wrote: »

How long would it take to get back up to manager if you went for the assistant option?

probably 6 months or so, but i have a feeling they will make me wait, and wait, and wait

corbyboy

I would call their bluff and tell them to start disciplinary proceedings.

What evidence are they going to be able to produce in a disciplinary hearing that they can't produce right now?

gadjah543

corbyboy wrote: »

I would call their bluff and tell them to start disciplinary proceedings.

What evidence are they going to be able to produce in a disciplinary hearing that they can't produce right now?

I would also call their bluff and go down this route ensuring that any improvements happen over more than 8 weeks to ensure you have been there over a year and have more employment rights.At the moment they can let you go without any reason as you have only worked there for 10 months.

twentyfourseven_2

corbyboy wrote: »

I would call their bluff and tell them to start disciplinary proceedings.

What evidence are they going to be able to produce in a disciplinary hearing that they can't produce right now?

thanks,, good shout