Over the years I have written many employment contracts and in a good number, my client has asked if I can include a contractual right to demote staff by way of an additional disciplinary sanction.
That’s fine - I have no problem with this, although I always ask that employers err on the side of caution if they take this route. In my opinion, demotion should only be for a limited period and must be imposed as a result of disciplinary proceedings. Employers have an implied duty of mutual trust and confidence and any sanction which is too harsh or is imposed for an excessive period may be breach that duty which could ultimately lead to a tribunal claim for unfair constructive dismissal.
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