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Rob
Rob, Solicitor
Category: UK Law
Satisfied Customers: 508
Experience:  Policitical Economy BA(hons) Law BA (hons)
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Good day, Im taking my company through a formal grievance

Resolved Question:

Good day,

I'm taking my company through a formal grievance process. I was performing a job for a year and indicated to my line manager I'd like to be considered if the position was made permanent, which he agreed. However he advertised on the company portal without telling me. I feel there were some issues around this and think I have been made a scapegoat for his poor performance during an audit. The company have not provide adequate feedback and are trying to resolve by asking me to acknowledge he "did" provided feedback (which he did not) and offered the option of having my current role re-graded with higher salary. I'm not accepting because I feel I've been discriminated against (he said when asked why I wasn't considered, I'd been with the company for less than 5 years and didn't have "company speak". I'm going to elevate this as there are some safety implications behind his decision. Can you advise alternatives open to me if there isn't a satisfactory internal outcome?
Submitted: 4 years ago.
Category: UK Law
Expert:  Rob replied 4 years ago.

Hi,

 

Ultimately if you feel that your employer has behaved in such a way that they have breached the term of trust and confidence that everyone has implied into their contract of employment you can resign and claim that you have been constructively dismissed and that dismissal was unfair.

 

Constructive dismissal is the, obviously, the last resort.

 

I'm not quite sure what you mean by being made permanent. Are you working as an agency worker?

 

Regards

Expert:  Rob replied 4 years ago.

Hi, I noticed you read my last answer is there anything further I can help you with?

 

Regards

Customer: replied 4 years ago.

Rob,

 

Thanks for response. In answer to your question about being made permanent. I am a staff employee and have implemented (on my own) an assurance system. To sustain and manage in the future I recommended there should be a support organisation (as happens in other companies) in place, with defined roles and responsibilities as part of their performance contract. I'd indicated a wish to be considered for the assurance manager position, as I'd been performing virtually the same role for a year.

 

Regards

Expert:  Rob replied 4 years ago.

Hi

 

Thanks for your reply is there any other question you have?

 

As I said above other than the route you are taking with the internal grievance your only other option is to resign and claim constructive unfair dismissal.

 

Regards

Customer: replied 4 years ago.
Relist: Answer quality.
I'd hoped for a bit more guidance than what has been given, obviously the option given (resign and take legal action) is a big and potentially costly alternative. I'd have assumed some external (legal support) may have been an alternative if an inconclusive outcome to the grievance, advising if in fact I had a good case that should be pursued.
Expert:  Rob replied 4 years ago.
Hi I will let another expert assist you.
Rob, Solicitor
Category: UK Law
Satisfied Customers: 508
Experience: Policitical Economy BA(hons) Law BA (hons)
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