Employer forcing demotion

Soldato
Joined
9 Jun 2006
Posts
2,642
Hi guys,

My dad works at a school as a site manager, so he does everything to look after the school such as cleaning, building stuff, organizing contractors in, etc. His role used to be done by three people, but they got rid of them all and just hired him, presumable to save money. He is currently about 67/68 or so, but despite his age he is very fit, capable, and works harder than most people his age.

Last week, the headmaster of the school asked to speak to him and he was told they (board of governers) thought he was too old for his job so he must be demoted. This involves reducing working hours by 10 hours a week, and in total results in about £400 lost in pay a month. So he would start the day at 7am and finish at 12:30, instead of 5:30pm. To cover for the second half of the day, they would hire someone else to do the caretaking. So this can't be a cost cutting measure.

My dad was not happy at being told he was too old for his job, so asked why they thought he was too old for the job (was it something he wasn't doing, couldn't get enough done, etc?), but they couldn't give him an answer. My dad wanted to work a few more months (up to a year) in his current role before finally retiring, but wanted to save up some money first so that the odd job could be done as the bulk of my parent's money has been to sent their sons to university. This was explained to the headmaster but he seemed very unsympathetic about it.

After 13 years of loyal service, he was told to accept the job or be sacked.

My question is, can he be forced to accept this demotion when they do not appear to have a shred of evidence that he is too old to do his job? Can threaten to sack him if he doesn't accept it?
 
Last edited:
It sounds like a possible case of constructive dismissal but the problem is, as it stands, they can just retire him as he is over 65 and there is little he can do about that.

The above is just my opinion, I am certainly not an expert on employment law and so could be very wrong.
 
Sounds very much like age discrimination, which is surely illegal? I would suggest he seeks legal help on that one, but it does sound fishy to me.
 
It sounds like a possible case of constructive dismissal but the problem is, as it stands, they can just retire him as he is over 65 and there is little he can do about that.

The above is just my opinion, I am certainly not an expert on employment law and so could be very wrong.

His contract does not state that he has to retire at the age of 65. Does that matter? When he turned 65, he was told he did not have to retire as long he can still do the job.
 
This does sound as if there is an element of age discrimination and I would suggest he urgently takes some advice and CAB would be a good starting point.
 
We've only had one side of the story but HT can think they're above the law in schools, definately suggest he speak to a union official if he's in one, a council HR rep if it's a council run school or a solicitor as soon as possible. He should do this before agreeing to anything and get anything he can in writing as evidence.
 
get him down the citizens advice, you'll know one way or the other then.


If that doesn't work tell him to break down and burn the site down (whilst empty)
 
It most certainly is a cost cutting measure.

They will most likely get a temp for the afternoon shift - or a contracted Part timer to do a few hours every week (probably at half your fathers wage judging by his service and experience)

And as was stated - are you sure they don't have reason to propose this retirement. What is his sick record like ? Any disiplinerys ? Will his job requirements be changing ? Will they be allocating his role to an area site manager ?

Unfortunately - loyal service means nothing to most businesses these days (public or private) - and for some reason the UK is terrible whet it comes to age discrimition in the workplace - why shouldn't someone be allowed to work to 90 if they are willing and capable.

They will most likely try to force him out by other means if he manages to win the initial fight to stay.
 
Last edited:
Speak to CAB (or a trade union if he's a member) for advice, age is not a valid justification for what they are doing.
 
Back
Top Bottom