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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47881
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a shop manager and in May one my staff took out a

Customer Question

I am a shop manager and in May one my staff took out a grievance about me though our Head Office, the person concerned went to work at another branch during the investigation
Head office interviewed the person and then 3 members of my team
I was not interviewed until early June.
Since then I have not heard anything so today I contacted Head Office and was told that the person concerned had been sent a letter which they believe they received om June 24th
they apologised that no one had informed me and contacted my area manager to arrange a follow up interview this will probably take place this Thursday or next Tuesday
Also I have recently applied for a manager job in a different area as we wish to move This grievance has been a stressful period and I believe it affected my performance at the Interview stages The second interview I attended was 4 working days after the decision was made regarding the grievance but I was not made aware of this which I feel was detrimental as I did not get the position I applied for. I now have to go to a meeting to receive feedback regarding the grievance and feedback on my interviews
Am I able to request 2 separate interviews and what sort of questions\information should I request and do I have any rights regarding the way this situation has been handled
thanks Grace
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Hi Grace. How long have you worked there for?

Customer: replied 1 year ago.
I have worked for the company since 1977 and have been a shop manager for 20 years
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The law is relatively silent on such matters as it does not stipulate a specific procedure on how the person subject to a grievance should be contacted or advised of the outcome and the timescales within which this needs to be done, Often this would be contained in a dedicated internal policy but at the same time there may simply be o such policy in place. It is therefore down to what may be considered acceptable and good practice. So it could be open to argument as to what is an unreasonable procedure or an unreasonable delay.

Also it could be somewhat difficult to link the grievance procedure to the performance in the interviews. I know in your mind this may be clearly linked but objectively that may not necessarily mean that your performance would have definitely been better and to the standard they were looking for, had you not been subjected to a grievance at the time.

I would say that you are entirely free to request two separate meetings but that would be down to the employer. Nothing in law says they need to agree to such a request. In terms of challenging this from your end now, you have the option of raising a grievance yourself about the way this was handled. Apart from that the only other option is a constructive dismissal claim.

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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 1 year ago.
Hello Ben
Thank you for your advise
I have today had a meeting with my area manager regarding feedback about the interviews
and also the conclusion of the grievance
With regard to the Grievance it has not been upheld but there are some recommendations which include me attending a diversity course and perhaps some other management - staff related courses I have agreed to all of this however the area manager has decided that the person who took out the grievance must return to work at the Branch as he maintains there are no other positions available to them. Neither myself or my team are particularly happy with this decision as it will put everyone under stress
Everyone will be aware of this persons willingness to take up a grievance and will be 'walking on eggshells' around them
also I feel that the stress that this has and will cause me is such that it may reactivate a Thyroid Condition that I suffered from 15 years ago I am not sure how to manage this person
Is there anything that i can do
thanks
Grace
Expert:  Ben Jones replied 1 year ago.

hello there, would be more than happy to answer follow up questions however please leave your rating for the initial responses first. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
i have responded to your request
Expert:  Ben Jones replied 1 year ago.

Thank you. If there are no other positions available for this person what do you think the best outcome is, what would the employer best do with them?

Customer: replied 1 year ago.
I am aware that there is another branch in the area that need a member of staff It would be more difficult for the person to get to but itt would solve the issue
Expert:  Ben Jones replied 1 year ago.

thank you. it is not possible to force the employer to move this person. However, if you believe that the complaints they have been making are malicious and done intentionally then you could make your own complaint against them. The employer could the decide whether there are grounds to move them