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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
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I have a problem at work. Im asked by senior management to

Resolved Question:

I have a problem at work. I'm asked by senior management to do a specific job on a daily basis which is not within my duties. It's the responsibility of every person to do as they go along,the job involves labelling stock with prices.

The way the management have set it up, anything that is displayed after I have been round is left unlabelled till the next day which is very customer unfriendly. In some cases labels from old stock aren't removed, creating misleading pricing.

When I have complained in the past I'm told we have too many hours in the department and if I refuse to do it we will lose hours. As I'm team leader this will likely mean I would be okay, a colleague of mine would be forced to change department or worse still lose their job entirely.

I have accepted on more occasions than I care to remember that there are days when we are quiet so we are able to do this extra job, but there are also days when we are so busy that we have to draft extra people in from other departments but still we have to get the extra job done.

I know that before anything else can be done I would have to follow the company complaints process but as I would be making a complaint against the store manager, I have little hope of my grievance being heard objectively. It's for this reason I would like an outline of how far, if necessary I could go with this and the processes involved.

An added complication is the possibility that I may be made redundant in the next few months. A trial of a new management structure in another part of the country has seen team leaders removed. I wouldn't want to start something if I won't be around to see it through. That said I've been working for the company for almost twenty years so it wouldn't be the biggest surprise if management are trying to force me to quit in order to avoid paying out.

Any advice you could give me in this matter would be greatly appreciated.

Regards
Iain Hay
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

I started with the company in October 1994 so approaching twenty years

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.


 


You are correct that the first step in this process would be to follow the internal grievance procedure and allow the employer to deal with this, in what is hopefully a fair and objective manner. If you disagree with the outcome you are also able to make an appeal against the decision.


 


However, if the appeal is also rejected then you are really looking at more drastic options at taking this further and there is no option to try and involve an independent body to help you deal with this or act as a mediator whilst you are still employed by the company. The next step would be to consider resigning and making a claim for constructive dismissal, where you would be claiming that you were forced to leave your job due to the employer’s unreasonable behaviour. However, such claims can be risky, particularly because you are giving up your job and it would be down to you to prove that the employer’s actions were serious enough to justify you leaving. Also you would have to pay all the fees for the tribunal claim, which can be more than £1k. A further risk is that if there is a possibility you may be made redundant in the near future, you would be giving up your rights to any redundancy because you would be resigning and not being made redundant.


 


What you may wish to consider doing is pursuing the grievance procedure for now and using the time to dispute the position you have been placed in, pointing out that it is not something your contract expects you to do. You can try and stick in there until the redundancies actually materialise and hopefully you may be made redundant at the time and receive what you are due in terms of redundancy. If you are not made redundant and the issues persist, then you could consider the constructive dismissal option again, if that is the only choice you are left with at the time.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi Ben

Customer:

Thanks for your reply, it does make things much clearer and also confirms what a huge step it would be to follow the complaint through, which is something I would have to give a lot of careful thought to before doing. Following the company procedures and then await development with regards ***** ***** potential redundancy is sound advice and it's what I intend to do for now.

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