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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45393
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employment law question. In my employment conditions

Resolved Question:

I have an employment law question. In my employment conditions a promotion process was defineD. However when I went through the promotion process I discovered only afterwards that this was the case. The changes were mentioned on the intranet but the conditions not update do I have rights to required the contractual process to be used
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What change would that have made to the process used?
Customer:

The organ process was defined as a paper based promotion board and the new process required assessment centres which massively switch the emphasise from evidence of what you had done to how you performed in exorcises

Ben Jones :

did you get the promotion?

Customer:

Obviously not !

Customer:

Also as a result I could not continue in the job I had been temp promoted into. Nor could I return to the job I had previously so I now have a less significant role than before I started the whole process

Ben Jones :

Hi, sorry the site went down at my end for a short period of time. Going back to your question, if there was a contractually binding policy that applied to you, then you have every right to expect the employer to adhere to it. It is after all contractually binding, meaning that both parties would be obliged to follow it. If a party fails to follow the terms and contents of a contract then they could be held to be acting in breach of contract. Your remedies would depend on a number of factors, for example an important one is how long you have worked there for. Can you please confirm your length of service so I can assess your rights in challenging this?

Customer:

Hi I have been employed for 7 years also could you comment on any redress as a result of the situation I have now been left in as a result

Customer:

The policy is in a document referred to as conditions of service which is referenced in the offer of employment letter I assume this would constitute a contractual doc ?

Ben Jones : Your options for redress, once a grievance has been submitted and on the assumption that it is rejected, are to resign and claim constructive dismissal or to make a claim for breach of contract in the county court but only if you have suffered financial losses as a result. The policy can be contractually binding but if there is a specific policy which actually forms part of your contract then that could take precedence so make sure you check it
Ben Jones : does this clarify things for you?
Customer:

Yes that's great only one last point in terms of damages the promotion came with a automatic 10% pay rise which I asssume would be the finnicial loss can I claim for loss of future income and if so for how long is normally feasible. I have one more question but will send that through to you separately

Ben Jones : Yes you are correct that this is what the financial damages would be. As to how far ahead you can claim for it is quite difficult to answer. A different judge could take a different view on a different day. There is no formal scale you can use to determine that. You need to think could the employer have tried to change that at some point in the future, as that could create a cut off for claiming. You could try fir a year but it could be reduced, impossible to say I'm afraid. Happy to clarify anything else if needed?
Customer:

No Thats great thanks

Ben Jones :

you are welcome, all the best

Customer:

HI Ben how do you close the question so I can rate you ? Also could you provide me with a form of words that Igood use to express the obligation around the contractual aspects so that when I speak to the company it is clear I have had legal advice

Ben Jones :

Hi, you should be able to rate the answer by now, option is enabled. As to making the employer aware of this, there is no need to use any fancy words and a simple statement will be sufficient to get the ball rolling. It can be along the lines of:

“I wish to raise a formal grievance about the recent promotion process, which failed to follow contractually established practices. As a result I was denied the opportunity to successfully complete the promotion process and consider this to be a breach of contract.”

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45393
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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