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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been working for the NHS for 15 years. The department

Customer Question

I have been working for the NHS for 15 years. The department I work for is being redesigned. As part of that redesign I have to be re interviewed for my job. This letter which I received via email from hr out of the blue. I have read up in the policies in my NHS trust sad I should have had a meeting with the manager prior to receiving the letter. Please can you advise me what to do
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you been told this is a potential redundancy situation?

Customer: No I have no redundancy involved. I am expected to go for a interview for my job and possibly have protected psy for 2 years. I am just wanted to know my rights, I am a single aren
Customer: No redundancy I may get protected pay for 2 years. I just wanted to know my right as this has caused me a lot of distress. I have not had a line manager for over two years
Ben Jones :

Hi sorry I was offline by the time you had replied. The fact that you did not have a meeting with the employer before receiving a letter is not really a major issue, even if it goes against their policy. They could still fix their errors, for example by still holding such a meeting at some point in the procedure and just because they did not follow the correct order is not really a major concern.

Even if they fail to follow the meeting you only have a couple of options – you can raise a formal grievance at first to complain about their failure to follow company policy. They could again try to fix this issue by doing what they missed to do. However, if the grievance does not fix this and you are still taken through the procedure without having attended the meeting, your only option is to resign and make a claim for constructive dismissal. However, that can be risky because you would need to show that there was a serious enough breach of contract by the employer which basically amounted to the last straw and left you with no other option but to resign. I am not entirely certain this is serious enough to justify that and you would be taking a risk. This is especially the case if the outcome would have been similar or the same had they held that meeting. As such it is best to use the grievance procedure f needed but after that you would be taking on a risk if you were to resign and pursue this as constructive dismissal.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Is it worth meeting with hr and getting clarification on some things Ie do I have Go for the interview to get the lower band job with pay protection or can I opt out of the higher band job?
Ben Jones :

you have nothing to lose by meeting with HR and it could clarify matters for you in more detail, you can also ask them any questions you may have about this. You do not have to go for the interview i you do not believe the job is suitable but you must seriously consider if that is the case - it may be a lower paid job but with the pay protection it could make it suitable

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your advice
Expert:  Ben Jones replied 2 years ago.
you are welcome
Customer: replied 2 years ago.
Can I just ask you I have my meeting with hr an I have no one to come with me, I have not manager who can come with do I outline my concerns as I feel at a disadvantage. I have a adult 18 years olde with a learming disability my working hours are around him. Next year when he leaves school my circumstances change a lot as I may become his carer. Do I talk to HR before the meeting as I feel I need t outline my circumstances.
Expert:  Ben Jones replied 2 years ago.
Hi, you are not legally entitled to be accompanied to this meeting as it is not a disciplinary or grievance hearing, so you cannot bring a companion anyway unless the employer allows it. Also there is nothing to lose by explaining to HR what your circumstances are beforehand, although this is also something you can do at the meeting

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