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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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I have submitted a grievance statement at work for racial harassment.

Resolved Question:

I have submitted a grievance statement at work for racial harassment. Last week i was signed off work for 2 weeks due to stress caused by this. My employer continues to contact me as they are trying to push me into another role which is in the same small building. The grievance hearing will only be held sometime this week. I do not want to appear unreasonable but feel my employer should leave me alone until after the grievance hearing. I feel they are trying to get me to accept another position so as to weaken my grievance. I have issues with my employer also in terms of how they have been dealing with my grievance and so my trust in them has been quite eroded. I do not feel in a position to start considering another role in the firm until grievance is heard. I would be grateful for some advice.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What has prompted the proposed change of job?
Ben Jones : Ps: I am just going into a meeting but will respond shortly
Customer:

hi

Customer:

i had complained about my team leader not being impartial and making me feel marginalised in the team. I had told my employer that I would consider a move out of the team. However I am not so sure about this approach as I feel the person I have the grievance against should be moved. Perhaps they cannot move her.. I really have no idea what they will do.. whether they feel following the hearing they will only give her a written warning and keep her in the same role.

Customer:

In any case I am not comfortable being put in this position. That I have to have to consider another role which is very close to where I was working is putting pressure on me. I would still see and hear her etc. I feel my employer is trying to avoid dealing with the situation. However I have pushed for the hearing to take place and they said it would but would have to update me on when that would be.

Ben Jones :

Hello again, whilst there is nothing specific in law that states an employer should delay such decisions until the grievance has been heard, although general princip0-les of fairness would dictate that this is the case, especially if the employer's actions can have an impact on the outcome of the grievance. If you are feeling pushed into moving jobs and believe the employer is trying to affect the grievance, you can write to them and state that you formally request they make no changes linked to the issues raised in your grievance until after completion of the formal grievance procedure.


 


Sadly there is nothing you can do to prevent such changes if the employer really wants to introduce them but if that happens then it would give you further ammunition should you decide to take this matter further in the future.

Customer:

hi thanks for the reply.. if I ultimately refuse to move and take this other job can they dismiss me? is that grounds for constructive dismissal, which I understand can be very difficult to prove? Could I negotiate better terms with them before accepting this other role (eg extra holidays/better pay)?... they have caused me a lot of stress and anxiety in the past two months and I feel that simply moving me into another role is letting them off the hook very lightly! however I also want to avoid Court/tribunal proceedings...

Ben Jones :

Dismissal can be considered at any point but not necessarily just because you refuse to accept this other job. There has to be a good reason for the change in the first place and then your refusal has to be unreasonable. Finally, there must be nothing else available for you to do. There is nothing stopping you from negotiating with them over the terms of the job and make it clear that at present the offer they have made is not satisfactory

Customer:

thank you

Ben Jones :

My pleasure, all the best

Ben Jones, Solicitor
Satisfied Customers: 39028
Experience: Expert in UK Employment Law
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