Employment Lawyers Can Answer Your Employment Law Questions
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?
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
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
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