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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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My husband has been suspended from work because he refused

Customer Question

Hi, my husband has been suspended from work because he refused to go to a particular job, though he was still at work in another location, until his request for a pay review was dealt with. He had been asking for it to be reviewed for over 10 years and nothing was ever done. so he said he would not go to this new site which was extremely hard work until his request had been dealt with. He has not had a pay rise in over 15 years though he has made several requests. His latest request was some three weeks ago and he has worked for the company for 23 years. Now they have suspended him for refusing to of to this site and are again refusing to acknowledge any request fro a pay rise review. Help!
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Has he actually refused to work at all or just refused to attend the site?
Customer: replied 2 years ago.

He just refused to attend the site until the pay review was dealt with. He was working at his normal place of work up till suspension on Thursday afternoon.

Expert:  taratill replied 2 years ago.
Prior to suspension was he told that he would face action if he did not attend the site?
Customer: replied 2 years ago.

No, he was called to the office and asked if he was refusing to go to the site and was then suspended when he told them that he only wanted to get someone to deal with his pay review after so many years and they kept saying this was another issue and he was suspended for refusing to go to the job.

Expert:  taratill replied 2 years ago.
Ok if he was not warned that he would face disciplinary action then it would be unreasonable for them to take disciplinary action against him for refusal to go to the site.
The are correct though that he is not entitled to hold the company to ransome regarding a pay review. I agree that it is not fair that they have not reviewed his pay for a number of years but he is not entitled to refuse to go to a site for this reason.
The correct course of action is to raise a formal written grievance. The employer MUST by law deal with a formal written grievance about pay. If they fail to deal with a grievance he may ultimately have the right to resign and claim constructive dismissal.
I would therefore suggest he call work to say that he will work in the new location but that he is raising a formal written grievance.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

how does he go about issuing a formal written grieviance as they have requested that he attend a disciplinary hearing at a time to be notified

Expert:  taratill replied 2 years ago.
Hi he just needs to write a letter with the heading grievance stating that he is aggrieved that he has not had pay review for a number of years.
The employer should suspend the disciplinary process until the grievance has been dealt with.
Customer: replied 2 years ago.

is it ok to email the grieviance letter

Expert:  taratill replied 2 years ago.
Yes that is absolutely fine.
Expert:  taratill replied 2 years ago.
Is there anything further you would like to know about this?
Customer: replied 2 years ago.

do you have any grievance template letters regarding requests for a pay review to be dealt with?

Expert:  taratill replied 2 years ago.
Hi I can offer this as an additional service but it really is something very simple as I have already said. It just needs to be headed grievance and say that he is dissapointed and considers it a breach of trust and confidence not to have been given a pay review for so many years.
Customer: replied 2 years ago.
Can he mention in the grievance letter that he suspects he was suspended for asking for a pay rise not what they are suggesting he was suspended for?
Expert:  taratill replied 2 years ago.
Yes of course, this is relevant to the situation.
I would be grateful if you would now take the time to rate my answer as I am not otherwise credited for the time I have spent answering your question.
Many thanks.
I will be happy to answer any follow on questions you may have.
Customer: replied 2 years ago.

sorry, to keep annoyig you about this but if my husband submits his grievance letter at the disciplinery meeting will his grievance be heard first? They are both so linked and yet his employer is refusing to discuss the pay review?

Expert:  taratill replied 2 years ago.
He should submit a grievance before the disciplinary hearing in an ideal world.
The employer should hear the grievance first. It is not a good idea to wait to the disciplinary hearing to submit the letter.
Please can you now rate my answer, I will be happy to answer your follow on questions even after you have rated my answer.