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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben, I have now received a reply from HR today via the post,

Customer Question

Ben,
I have now received a reply from HR today via the post, and according to the appeal procedure I have to make the appeal within 5 days even though this has taken over 4 weeks to conclude from their end.
It has been rejected on my main point which was the fact I had applied for a Supervisors role and not a Team Leader role, but the manager has said that these are interchangeable and that the content of the role are the same. They have also mentioned that India use the term team leader, and this is why this is often used. At no point was this mentioned to me.
I did bring some other points up with regards ***** ***** ranking, and that I was not advised in a timely manner that my manager considered that I was not meeting the requirements after I had raised concerns about him managing me as he had little man management skills.
Not sure where I stand, very unhappy do not want to go back....... Can scan items over to you if required.
Regards
Suzi Thomas
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What do you specifically wish to know about your position?
Customer: replied 1 year ago.

I guess I just want to know if I have grounds for an appeal? I cannot appeal on any of the same points I have already raised. I was not told that a team lead,supervisor were interchangeable and they were not in other roles I had successfully performed for this company in different dept.

s Thomas

Expert:  Ben Jones replied 1 year ago.
Hi, you are usually still able to appeal on points which were considered in the initial grievance hearing. The ACAS Code states:
“Where an employee feels that their grievance has not been satisfactorily resolved they should appeal. They should let their employer know the grounds for their appeal without unreasonable delay and in writing.”
The appeal is really a second opinion so to speak because it would involve a new manager reviewing the case and either agreeing with the original decision or overturning it. So the grounds for appeal could be anything really and even something which has already been looked at previously. You have nothing to lose by making an appeal anyway – the worst that could happen is that the original decision stands. However, if you are unhappy and do not wish to continue working for them, then there is probably no point in appealing. That is when you can consider the constructive dismissal option as discussed in my original advice.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

how do I frame the appeal are there certain information I have to include? Also what would an average cost of a constructive dismissal case cost? And do need a solicit r to bring such a case to an employer?

whilst I do not want to be there I have worked for 13 years and awant a better conclusion I guess. I will appeal and have to be brave if unsuccessful. Just need help in how I frame a response and what should be included.

S Thomas

Expert:  Ben Jones replied 1 year ago.
In an appeal all you would be required to state is the grounds of appeal, the rest will really be discussed in the appeal hearing when you verbally discuss it with the appeals officer. So all you need is to list the reasons on which you do not agree the original decision was reached.
To claim constructive dismissal would cost around £1,200 to take to a hearing and these are only the tribunal costs. You can make the claim yourself wend represent yourself but if you want a solicitor then obviously it would add a lot more to the costs, maybe a couple of thousand.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
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 1 year ago.

Ben,

I have appealed due to the response given my the managers concerned, they were untruthful (surprise) I have nothing to lose they can't sack me after 13 years!!!

I guess my only concern here is you say if this also goes against me I then walk out with immediate effect stating "constructive dismissal" how likely is it to win a case like this? How long do these cases go on for? You also state it is hard to prove, and obviously I have bills and a mortgage to pay so this fills me with trepidation......

S Thomas

Expert:  Ben Jones replied 1 year ago.
It is very difficult to say whether you can win a case like this or not, I have very limited information to go by and you really need someone to conduct a full case analysis before they can advise you properly on your prospects of success. So I cannot really state how likely you are to succeed in a claim. In terms of how long they take, it will be months for sure, but they can take longer if there are delays in the tribunal, but I would say probably 6 months is normal. But it can be hard to prove because the burden of proof is on you to show that what you allege happened is true and that it was serious enough to justify you resigning and claiming constructive dismissal. If you were dismissed and claimed unfair dismissal then it is for the employer to prove that they had a fair reason to dismiss you and it was all above board, but in a constructive dismissal case the burden of proof switches to you.

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