You’re demoted!

Something we often get asked about by our clients is what alternatives there are to dismissals in misconduct or capability cases. Perhaps your team member represents a great ‘pair of boots on the ground’, but are not quite hitting the mark when it comes to supervising? Or maybe they have committed a serious rule breach and you should be seen to be doing something, but you don’t want to lose them? Would it be lawful to demote them?

In the case of Inspector Owen Hurley, demotion was applied following a serious breach of professional standards, when he attempted to sell a pair of police trousers on Vinted – the story on which can be found .

The now Sgt was disciplined and received a 1-rank demotion as a sanction.

Is it lawful?

ACAS guidance on disciplinary outcomes states:

“The employer might look at other disciplinary action depending on the seriousness of the misconduct or performance issue. For example, instead of dismissal, the employer could decide to demote the employee. This is when they move the employee to a less responsible role.

Employers must first check what the employment contract allows and discuss it fully with the employee.“

So there is, in principle, an opportunity to apply demotion as an alternative measure.

However, before stripping employees of rank (and money), please consider the following:

Top tips

Demotions are tricky to apply.

In some cases a mutual agreement to new terms may be possible but don’t forget that the individual returns to the same workplace with a lower set of accountabilities. This can cause confusion or even friction with co-workers.

Also remember that whatever has been agreed in your formal meetings is confidential. So, the information provided to others regarding the demotion must be handled carefully and with the full consent of the individual.

Enforcing a demotion, or coercing a team member to accept one, will constitute a breach of contract and/or may lead to constructive dismissal claims.

Please contact your HR Advisor before considering demotions as a possible outcome.

Source: Manuela Grossmann