Add Comment Question: Can you demote an employee within six months if they are not performing the duties of the new position? Can we put them back in their original position and lower the pay back to the previous position? Answer: Generally speaking, demoting your employees is ill-advised as it will expose your company to a claim for constructive dismissal. I would recommend that you contact us at the number below for a consultation, where we can discuss some options for you that may be more practical. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.