Areas of Law / Employment

My daughter has been employed as a trained nursery nurse for the last 12 years. Her employer says that, as from next year, they cannot afford trained nursery staff and intend to replace them with care assistants. They suggest she takes the new post, even though it will entail a drop in salary. Can they downgrade her like this?

If your daughter refuses to accept the change in her conditions she may be able to claim that she was constructively dismissed. However your daughter’s employer will probably argue that her job was redundant, and that the only payment she is entitled to is a redundancy payment based on age and service. Time limits for bringing employment tribunal claims are very short (usually three months) so your daughter should see a solicitor as soon as possible.

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