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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45291
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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18/02/2016 09:01 I am having my first grievance meeting

Resolved Question:

18/02/2016 09:01
I am having my first grievance meeting tomorrow which I am classing as constructive dismissal. I was hoping you could assist me by providing me some guidance on what I should or should not say and how employers can try to manipulate the situation in their favour?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello again, so we can continue on here if you an outline what specific queries you have please?
Customer: replied 11 months ago.
Thanks Ben.
Will I get a refund confirmation too? Thanks for doing that, it is clearly my first time here and had no concept.
So, based on the facts you have already read, I am having my meeting tomorrow with HR and was wondering what sort of things I should focus on and what to avoid.
Do you think the arguments are strong enough for me to succeed in constructive dismissal negotiation?
Expert:  Ben Jones replied 11 months ago.
Yes you should get a notification - I just submit the request, it is processed separately so may not happen immediately. It’s difficult to say what to focus on and what to avoid as no one knows how the meeting will be handled. To be honest you cannot really go wrong in such a meeting because it is just an opportunity for the employer to find out more about the complaints you have made. So it is basically about expanding on what you have already written and giving the employer the opportunity to ask you any questions about things they need more detail on. It is not like a disciplinary hearing where one could focus a bit more on specific allegations and how to deal with those – in a grievance meeting it is all about getting more information about the issues you have experienced so it is your chance to bring up anything in relation to these to allow the employer to understand the situation better and try to deal with the grievance. As to the issues raised, when did they occur? I see there were some issues in August 2015 but what about the rest?
Customer: replied 11 months ago.
I was on maternity leave from March 2014 and returned to work on April 2014. Just a quick chronology for you:
- Jan 2015 - my boss invited me for an informal chat to ask what my plans were and in summary, that if I wasn't coming back then they would offer my job to someone who was leaving the company. Even though I was under no obligation, I did confirm was coming back but didn't feel good about this meeting.
- Apr 2015 - returned to work and don't get majority of my accounts back with no real explanation
- Aug 2015 - new national structure in place and my boss suggested I applied for a role which would be a clear demotion. (I am an account director in global key accounts and this was a national sales manager role). I said I wouldn't but then applied for a Director of Sales role but was not put forward as I didn't have people management skills.
- July 2015 - had appraisal and mentioned that I was feeling insecure and not relevant, etc. Only good feedback received
- Jan 2016 - new global structure created but I am not on it. New report line - manager never even called me, I don't fit in anywhere. My skills should grant me a spot in the global team, specially when there are two people on mat leave.
- I have been with the company for 11 years.
- The culture has changed and now they do get rid of people this way.
Expert:  Ben Jones replied 11 months ago.
Thank you, ***** ***** concern is that these events go back over a year and in some respects it may be deemed that you are not resigning in response to these breaches because they happened all that time ago and it may be considered that you had accepted them. That does not mean that you would be expected to resign at the first sign of any trouble but when you see things are mounting up and you consider there to be sufficiently serious breach to justify it then you are expected to resign without undue delay. I could see that this may have happened at some point last year, especially as there was a gap of 6 months between the latest incident and the one before that. So a tribunal may disassociate the past event from the latest one and judge your decision to resign solely on the most recent incident, which as you can appreciate may decrease the seriousness of the employer’s actions. But that is not a guarantee – they could potentially see them as an ongoing issue and you would have to try and argue that this latest incident was just the last straw that broke the camel’s back and prompted you to resign. Sadly there is no easy way to go about this – in reality it is for the tribunal to make up its own mind having looked at the evidence – what has happened has already happened and you cannot change that to make it look better so you have to work with what you have. That is the main thing to be aware of though so there will be a risk. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45291
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 11 months ago.
Thanks Ben. I do think this last demotion was the last straw and this will be my argument.
Expert:  Ben Jones replied 11 months ago.
It is certainly a valid argument but just had to make you aware of what a tribunal will consider in the circumstances

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