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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12191
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi there I work for an NHS Trust, and have been a Finance

Customer Question

Hi there

I work for an NHS Trust, and have been a Finance Manager since 1990.

In October 2011, my employer merged, and my contract of employment transferred under TUPE to the new organisation. This was done using my job description at the time, which did not fully reflect my duties. I was moved from Finance into Commissioning, albeit on the same job description. A proportion of my previous role was commissioning related but my main duties and employment history were financial.

I objected at the time, and raised a formal grievance accusing them of breach of contract, but due to my ongoing health problem with anxiety, I withdrew the grievance, stating that I would continue to work but under protest. I have subsequently had to comply with any direct & reasonable request.

I have asked for role clarity, but my employer is now trying to change my job description, to harmonise the department, and formalise my job role as a Commissioning Manager.

In addition to this, I have recently raised a formal grievance for:-

1. Bullying & Harassment
o eg. accusations of poor performance, but no evidence available despite 4 reasonable requests.
2. Sexual Discrimination
o eg. Flexible working request refused, inyet part-time female colleagues in department are allowed to flex their working hours, and days of work.
o My request was on the basis of a reasonable adjustment to help me manage my long term work related anxiety/stress.
3. Breach of Duty of Care
o History of work related anxiety/stress sickness absence.
o HSE stress risk assessment submitted, flagging high levels of stress in all but one category, including presence of bullying, and no further communication and/or action taken.
o Stress caused by unfair treatment during TUPE transfer & subsequent lack of role clarity, bullying & harassment, and alleged sexual discrimination.
I feel completely out of my depth with this. I am a hard working long serving individual with an excellent reputation, but am not being treated fairly by the organisation. This has not only changed my chosen career path, but also will detrimentally impact on me finding alternate Financial work.

I really don’t know what my rights are & how to take this forward to an admirable solution.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. What do you wish to achieve in this situation?
Ben Jones :

Hi, not sure if you saw my initial query above?