UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
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.
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.
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.
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...
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
My pleasure, all the best
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).