Legal Advice on Return to Work

Questioner

Dear Sir/Madam, My employer wants to demote me. I have had my current position for a year, but because it has not yet been given any content, I am not yet performing it. Now the content is known and they say that I am not suitable for it. Can this just happen?

Lawyer

If I understand correctly, you are not yet performing the function because no content has been given to it, but you have already been given the function name. In general, an employer can then decide not to let you perform the function if it turns out that you are not suitable. In fact, you are not being demoted, but you may even continue to perform the same activities as you did before. In order to be able to give good advice, however, all the details of your question must be known. If you would like further advice, you can contact me via my profile on this site or via the button next to this answer if you are logged in.

Lawyer

I understand from what you write that it cannot yet be proven that you are not suitable, because you have not yet performed the work in question. It therefore seems to me that what your employer is doing is not right. For further advice/assistance, you can contact one of the employment lawyers here directly without obligation, e.g. via the 'direct contact' link that you will see with this answer if you are logged in. I'm happy to help you with this.