As part of a restructuring programme, is it possible to reduce an employee’s responsibilities and status (i.e. lower grade job title) while leaving their base pay unchanged? Could this be viewed as a demotion?

Posted in : First Tuesday Q&A ROI on 5 March 2013
Zelda Cunningham
Arthur Cox

Given the reduction in responsibilities and change to a lower job title, this could be viewed as a demotion. However, much will depend on whether the employer has an express contractual right to change or vary responsibilities or grade/title. If so, then the employer may rely on this contractual entitlement to change the employee’s position, providing that such a change is justifiable and reasonable in the circumstances.

Absent such a contractual provision, then any attempt to impose such changes unilaterally without the employee’s agreement or acquiescence will put the employer at risk of a

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Start my free trial today

Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

View all articles by Zelda Cunningham