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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10386
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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FAO Ben Jones : Ben questions from the promotion

Customer Question

FAO Ben Jones :Hi Ben a follow up questions from the promotion process one.
I left me previous role in order to take the temporary promotion to the new one. However as I did not get through the promotion process I could not stay in that role. My previous role had since been given to some one else. The role I now have is in terms of duties , team size , stature , use of my skills, not at the same level as my original role although pay and grade are the same. What are my options ?
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. I presume there was no guarantee that you would ever return to the old role and also that had the employer followed the promotion process you would have been guaranteed the promotion permanently?
JACUSTOMER-4bself16- :

Yes that's correct the issue real is about what's an equivalent or suitable role.

Ben Jones :

did the employer say that when the secondment ends you will be given a suitable alternative position?

JACUSTOMER-4bself16- :

This is a little complicated. But some history is worthwhile for context I will use the grades 1 & 2 to refer to the gardes at each point in time grade 1 being the temporay promotion grade.

JACUSTOMER-4bself16- :

Between 2010-12 was grade 2 in job A

JACUSTOMER-4bself16- :

Then in April 2012 I was temp promoted to grade 1 in job b

JACUSTOMER-4bself16- :

I did not get through the promotion process in March 12 and the project ended in April 12

JACUSTOMER-4bself16- :

Sorry the latest entry was April 13

JACUSTOMER-4bself16- :

and March 13

JACUSTOMER-4bself16- :

In April 13 I was given a Substantive role at grade 2 an in November 13 the same role was advertised as Grade1 and I was given that on temporary promotion.

JACUSTOMER-4bself16- :

in March 14 again I did not get through the promotion process ( This was the point that I started to look at the conditions and realised the correct process was not being followed)

JACUSTOMER-4bself16- :

However I was allowed to stay in the role late 2014 when some political issues cause a reorganisation and the role was given to someone else

JACUSTOMER-4bself16- :

I have been without an agreed role / job title since then

JACUSTOMER-4bself16- :

In terms of what was state the temp promotion letter says nothing about what happens after the TP ends.

JACUSTOMER-4bself16- :

The conditions of service state that staff unsuccessful in promotion will revert to there previous grade and be required to apply for posts at that grade.

JACUSTOMER-4bself16- :

It also state that staff who have demonstrate compentancy may stay on in the role at discretion which is what happen in my case.

JACUSTOMER-4bself16- :

until late 2015

JACUSTOMER-4bself16- :

After that there appears to be no clear statement of what happens

JACUSTOMER-4bself16- :

also for not my previous role job a has since been upgrade to a grade 1 job (with not change in description)

JACUSTOMER-4bself16- :

So Effectively my duties have been at grade 1 fror nearly 5 years until now.

JACUSTOMER-4bself16- :

Hope that helps ?

Ben Jones :

Thanks. Your options are not dissimilar to hat you had before to be honest. In these circumstances you are only really able to consider going down the grievance route. The issue is that you did not have a guarantee of returning to the same job and all you had was that you would be returning to the previous grade but with no specifics of what exactly. Also there is no guarantee that you would have been successful in the promotion process even if the employer had followed the correct procedure. So in the circumstances it is the grievance route you would follow at first, if that is not successful then you are really only looking at resigning and claiming constructive dismissal, but as you can appreciate that is a rather risky option because you would be giving up your job to pursue a claim that is notoriously difficult so only god won that route as a last resort.

JACUSTOMER-4bself16- :

Notwithstanding the promotion issues etc. Surely the employer has a responsibility to employ you in a role that is suitable for your skills and capabilities and previous duties , not just (pay and grade) or make you redundant , but in making you redundant must do a selection process and if they either don't make you redundant or do do a fair selection process than would this not be unfair/constructive dismissal. ?

Ben Jones :

when there is no guarantee in returning to your old job they should try and offer you something which is suitable but that may not always be possible as such a position may not exist at the time and the employer would not be expected to go and create one- they can only offer you whatever is available at the time. So you can be offered a job which you may not necessarily agree that it is suitable but you cannot force the employer to make you redundant - you can suggest it but if they do not see this as a redundancy situation then all you can do is go down the constructive dismissal route

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

JACUSTOMER-4bself16- :

I am not intending to go down a formal route but I am trying to understand my negotiations position.

JACUSTOMER-4bself16- :

How does this difference from a depth reorganization were the role would have to be similar in duties skills statute etc.

JACUSTOMER-4bself16- :

Also the revert to grade may not apply as this term was part of the "if you don't get through the promotion process" since I was allowed to stay in role it's unclear what would happen at the end.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Happy to wait

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola

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