Demotion validity query

[Ron123]

Hello,

I'm new here, so please forgive my legal ignorance.

I have been with my employer for over 10 years (reasonably large company - office-based role). I was on a two year secondment, which ended last year. In the months leading up to the end of this role and in reference to the end of my secondment, the head of the department ensured me that I "had nothing to worry about".

With 10 days' warning I was informed that due to poor performance (not much information was imparted to me) that I would be demoted from my secondment role to another (very similar) position with lower pay (but higher than the role I was undertaking before the secondment began).

I would have accepted this without issue if it was expected. The company has a manager-employee feedback system in place (regular meetings and appraisals), but no issues were ever raised during my secondment regarding my performance. In fact, the last input to this was only completed by myself - and not by my manager (I wrote of my experneices but was given no feedback whatsoever, despite this being required for me to make any requested changes/improvements). If any concerns were raised this would have given me the opportunity to improve my performance and possibly prevent this from occurring. As far as I'm aware it's "best practice" for an employer to follow their own guidance because there is an implied term in contracts - of mutual trust and confidence (please correct me if I'm wrong).

The head of the department profusely apologised for the lack of feedback and I have since discovered that my manager was only informed of this decision 30 minutes before I was. However, I am still left shocked, upset and stressed (losing sleep) by their conduct. I have lost trust in the some staff and the overall way the company has conducted itself in this manner.

Since the end of my secondment I have been requested to perform tasks that were explicitly detailed as NOT part of my new role.

I haven't signed my new contract yet and am hesitant do so without exploring all of my options.

In summary:
Was my employer under any obligation to provide feedback (using the systems they had put in place) prior to their decision to demote me?
Is stating I had "nothing to worry about" then demoting me and reducing my pay within the rights of my employer?
Could it be argued that feedback was not provided so I was unable to improve thus resulting in my failure to succeed in this role (possibly a money saving initiative)?
Do I have a basis for Constructive Dismissal?

Any help/advise on this subject would be greatly appreciated.

Thank you.

[ULA]

What were the arrangements/contractual terms in place when you went on secondment?
Was is made clear to you that the role you were being seconded to was at a higher pay rate to your original role and what would happen to your salary on completion of the secondment? i.e. you will revert to your original job and pay rate relevant at the time or if thsi role was not available you will be found an alternative job in line with your skills on a rate no less than the role you left to move to the seconded position?

[Ron123]

Hello, Thank you for your response. It was is made clear to me that the role I was being seconded to was at a higher pay rate than my original role and that upon completion of the secondment I would either continue in the secondment role, revert to the original or be offered a different role. Those points may be relevant (I'm clearly lacking in knowledge here), but my query is regarding the following:

Was my employer under any obligation to provide feedback (using the systems they had put in place) prior to their decision to demote me?
Is stating I had "nothing to worry about" then demoting me and reducing my pay within the rights of my employer?
Could it be argued that feedback was not provided so I was unable to improve thus resulting in my failure to succeed in this role (possibly a money saving initiative)?
Do I have a basis for Constructive Dismissal?

Thanks again.

[ULA]

My points are very relevant, however in response to your queries I can answer as follows:

1. Good practice would say that if you were not performing in the secondment role then yes you should have been spoken to about the situation, particulary if they were using this to base the decision for your next role. However they are under no obligation to do so given this is not about a dismissal situation.
2. Your head of department may well have thought there was nothing to worry about however, as you say, that individual was only told of the decision a relatively short period of time before you were. The person may have had very little input into the decision or been over-ruled about where you would be placed next. The reduction in pay would also be covered by the terms of the secondment and it being made clear you could be moved to your previous job which you were aware is on a lower pay rate.
3. You could argue that but I would guess your employer would state a different reason.

Secondments can ultimately be tricky particlarly of there are better terms associated with the seconded position and if at the end of the period an indiviudal has to reverting back to the old position or a new position either of which are on lesser terms. However if that situation is clearly set out in the secondment agreement then effectively the person went into the situation with their "eyes open".

The issue is potentially more about how this was handled in regard to the lack of feedback on your performance. If you did want to take this further then this would need to be by way of a grievance and exhausting this internal process. If you were inclined to resign and claim constructive dismissal then a Tribunal would expect you to have done this.

[Ron123]

Thanks again for your response - very helpful. Just to confirm: the head of department made this decision without discussing this with my manager. My manager was informed of the head of departments' decision 30 minutes prior to me. I would have assumed such a decision would come from discussion between the two. Thanks!