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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46789
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for BP Ltd and in January of this year I had to lodge

Resolved Question:

I work for BP Ltd and in January of this year I had to lodge multiple grievance complaints against my Line Manager and Area manager for discrimination, instigating a health report with malicious intent, transferring me to another store for health reasons, and no reasonable adjustments being offered (I have bi-polar).
To cut a very long story short the outcome was that I should not have been transferred and would be placed back at a suitable M&S store when one became available. I appealed against the outcomes regarding discrimination, being transferred for health reasons, and maliciously instigating health report as company had clearly tried to do a cover up during investigations and had ruled against my complaints. I was able to provide proof with the appeal of my Line Manager's dishonesty with the health report.
In May I was then invited to a meeting with the head of H.R department and Managing Director of UK. I was asked what would it take for me to settle and not pursue the appeal. We made agreement that I would receive apology from Line Manager and that I would be able to choose which store I would be placed back at when one became available as this would be beneficial to me in being at a store closer to home.
I never received the apology and recently I informed company of the store I had chosen only for them to now say that I have to be interviewed for the role of manager and that they will consider me for the position along with all other interviewees.
I'm very upset that they have done this as the investigation into my complaints concluded that I would be placed back at a store with no application process being involved yet now I have to apply for the position. There was also the agreement of not pursuing appeal in favour of my being allowed to choose which store I would be placed at.
I have had no official outcome to my appeal and have signed no paperwork agreeing to not pursue my appeal. As my company have not honoured the settlement agreement can I now ask for the appeal hearing to be conducted?
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. Was a formal settlement agreement actually agreed, one were you used a solicitor to advise you on it?

Customer:

No there was no solicitor involved in this.

Ben Jones :

Hi, it would appear that this was not a formal settlement agreement, rather it was just an internal agreement between you and the employer. It does not mean that it would not be binding but it will not be the same as a formal agreement which can be challenged as a breach of contract in the courts. It would still be binding between you and the employer though and if the employer had breached it then you could take the matter further internally. This can be done through raising a formal grievance with them and complaining about the employer’s failure to adhere to what was officially agreed in the past. As part of the grievance you could also ask that the appeal is now allowed to proceed because you did not pursue it at the time on the basis of the agreement, which has now been breached. You can also appeal the outcome of the grievance if you are not satisfied with it.

If the appeal fails too then your only options are to either consider making a claim for discrimination in the tribunal or if you believe that this now means you can no longer continue working for the company, it can force you to resign and submit a claim for constructive dismissal.

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

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks

Customer:

Yes, it more than clarifies my position. I was not expecting such a detailed answer and I appreciate the advice you have given. I now feel more confident about lodging a grievance complaint with my company.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46789
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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