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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45360
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently working at Tesco since 2010,started as a deputy

Customer Question

i am currently working at Tesco since 2010,started as a deputy manager and after three years of service i have got placement as store manager,placement should be within 12 weeks after completion of successful placement my area manager needed to give me appointment as a store manager if any reason can't make it within the 12 weeks timescale then must need to pay step up money as company guideline.however my area manager not doing either of them since over two years despite communicate with her many times.now i want to take it further.
please advise.
Kind Regards
M Bhuiyan
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Is all of this contained in a specific workplace policy or in your contract?
Customer: replied 1 year ago.
no work contract does not content everything but i have some other documents
Expert:  Ben Jones replied 1 year ago.
Are these documents a workplace policy? Also why has the employer not proceeded with this?
Customer: replied 1 year ago.
Hi i think i don't need anything now as since last question you have asked i have not received anything response from your side hence please don't charge me anything cause i can't be happy without getting a service,
thanks
Expert:  Ben Jones replied 1 year ago.
Hello, please check the correspondence history above - I asked the last couple of questions yesterday bt had not et received a response from you which is why I have not actually been able to provide any sort of answer. If you could please supply the required information then I can go ahead and prepare my advice, thanks
Customer: replied 1 year ago.
hi Ben,workplace policy do you mean terms and conditions?
Expert:  Ben Jones replied 1 year ago.
Well it could be terms and conditions, but usually it would be a procedure in work which the employer would follow in these circumstances. So there could be a policy on placements which outlines the steps the employer would follow in these circumstances
Customer: replied 1 year ago.
there is placement presentation documents where is saying that placement must be within 12 weeks no had given any paper based documents however its company's people guideline.on people development side its clear that if anyone on placement more thane 12 weeks as per company guideline i should get step up pay which is same as a appointed store manager salary where I never get anything which is fundamental breach of company policy
Expert:  Ben Jones replied 1 year ago.
Ok thank you that is what I needed. You have a couple of ways to pursue this. One is to go down the internal route if a grievance. This is a formal internal complaint where the employer is obliged t investigate the issues and come to a formal conclusion, which you can appeal if you are unhappy with. If the grievance is rejected then you may consider the next step of resigning and making a claim for constructive dismissal, by arguing the employer has acted in breach of contract and had left you with no other option but to resign. Of course that should only be a last resort and if you believe that you have been left with no other option. This is your basic legal position. I have more detailed advice for you in terms of the constructive dismissal route, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45360
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thanks for the raring. As mentioned, this could potentially amount to constructive dismissal, which occurs when the following two elements are present:
• Serious breach of contract by the employer; and
• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.
If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.
Hope this helps.
Customer: replied 1 year ago.
can you please help me with grievance letter
Expert:  Ben Jones replied 1 year ago.
Drafting a letter is an additional service so will be charged extra. I can send over a quote if you want me to
Customer: replied 1 year ago.
how much it will be please
Expert:  Ben Jones replied 1 year ago.
I have sent over a quote
Customer: replied 1 year ago.
do you want me to send all relevant info so that you can capture everything you need for drafting letter?i want my people director knows how my store operation manager and her associates abuse me over two years without paying me which is fundamental breach of law and company policy.there is no evidence that she can stand on neither her any of the associates. despite several communications for pay rise and permanent appointment as a store manager within two years i have only two development review where only few next steps for me which i have achieved within a month,since no review to prove that i am not capable of store manager job.my performance is not only great its significantly great as i have turn around a RED performance store to BLUE which is significantly higher than GREEN.however because I have raised the question for justice and fairness therefore my leadership team didn't like it.now they are taking unfair decision against me.my line manager never gave me any good review which is every quarterly one.never follow correct process.recently he told me to go another store as a deputy manager!!if i am not performing then i have to go through with managing performance.
Expert:  Ben Jones replied 1 year ago.
Yes you can do, thanks
Customer: replied 1 year ago.
hi mate,still waiting for your reply in regards ***** ***** a grievance letter
Expert:  Ben Jones replied 1 year ago.
Hi I sent over a quote for this, as it has not been accepted that is why I have not gone ahead with the extra work.

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