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Rob, Solicitor
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Experience:  Policitical Economy BA(hons) Law BA (hons)
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I am currently a substantive Senior Officer (SO) in the Prison

Resolved Question:

I am currently a substantive Senior Officer (SO) in the Prison Service and have been temporary promoted to Principal Officer (PO) for the last 21 months. On the 1st April 2010 the service are removing the Principal Officer grade from the rank structure. All substantive PO's will be given an opportunity to go on a 2 year development programme to Manager F. This is not an option for SO's (my substantive grade).
Is there a period of Temporary promotion where I should have been made a substantive PO? I feel extremely disadvantaged if this is the case as it would have given me the opportunity to progress to the next grade via the development programme.
Submitted: 4 years ago.
Category: UK Law
Expert:  Rob replied 4 years ago.

Hi,

 

Unfortunately the only other option you have if you are still not happy after your grievance hearing is to consider if your employer has behaved in such a way as to have breached the implied term of trust and confidence that every employee has implied into their contract of employment. If their behaviour was so bad that there has been a breach of this term then you have been constructively, unfairly dismissed and you will have the right to resign, although you will claim that it wasn't a resignation it was a dismissal as their behaviour had constructively dismissed you.

 

There is a case (Hogg v Dover College) that allowed a lecturer whom had been demoted to claim constructive unfair dismissal whilst still working in the demoted job and if you feel that could apply to you then you may make a claim without resigning.

 

As you are a PO you have two venues for a claim to either the Employment Tribunals see http://www.employmenttribunals.gov.uk/ and or the Civil Service Appeal Board see http://www.civilserviceappealboard.gov.uk/ . You are more likely to gain a positive result from the Employment Tribunal.

 

Regards

 

 

Rob, Solicitor
Category: UK Law
Satisfied Customers: 508
Experience: Policitical Economy BA(hons) Law BA (hons)
Rob and other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for the answer it was very informative.

Only one question I am still unsure of?

If after a period of 12 months, should they have given me the position substantively or is this an old wives tale? I have heard this mentioned many times but can not find it in writing.

My point being, if they should have promoted me substantively after this period I would not be in the position I currently find myself in.

Expert:  Rob replied 4 years ago.

Hi,

 

There is no legislation that states you should be given the substantive post after 1 month. I don't if there is any prison rules that state otherwise.

 

Regards

 

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