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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50157
Experience:  Qualified Employment Solicitor
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I recently moved to an other department with my existing employer

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I recently moved to an other department with my existing employer because There was no development opportunity. Just over a week after my new contract started (which I signed the previous week) they have announced a new structure to my previous department which would have meant a development opportunity for me. the new role was directly filled with an employee with less experience and is 20 years younger. I signed a new contract because I was assured there was no foreseeable opportunities for me. My new role is a more junior role with foreseeable opportunities to progress however it is a completely change of direction and no guarantee I will be as competent as I was in my previous role. Do I have any grounds for complaint to a tribunal?

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: 6years 6 months
Ben Jones :

Do you think the employer would be able to justify that they genuinely did not know there would be opportunities at the time you moved?

Customer: No, given it was the HR department and I know how these things work there is no way they would have made the structure change in such a short time. Another manager was compromised out a few months ago and was never replaced , now the new role in HR assumed responsibility for that team, so it's reasonable to believe this has been in the plans for some time.
Ben Jones :

Do you think this was mainly an age-related issue?

Customer: Yes, I've always had good reviews and spoke openly with my manager about my aspirations. I was on secondment to my new role for 12 months during this time I was hoping an other opportunity would come up I HR, the nature of the company demands new ideas and fresh input regularly and prides itself in giving graduates any opportunities, on this occasion I feel it's at my expense. Given the other team have had no manager for a few months it must have been considered, in addition the HR Ma anger was promoted to director.
Ben Jones :

The issue here is whether you were treated detrimentally because of your age. For example, was there a cover up by the employer in respect of your position and he opportunities available to you where they were treating you less favourably due to your age and afforded preferential treatment to younger employees. This of course would depend on what actually happened – whether the employer can justify that their actions had nothing to do with your age and were unrelated in that respect. Whilst you can consider tribunal, you would initially be expected to go through the internal procedure, such as a grievance, although be aware that a claim in the tribunal must be made within 3 months of the alleged discriminatory act. Whether you are successful, no one can predict but it is for the employer to defend the claim and if they can justify that their actions were not discriminatory then it is possible to defend this, although it is their evidence and defence that it would really depend on.

Customer: Thank you
Ben Jones :

you are welcome

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