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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49862
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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The company I work for have brought in a re-structure with

Customer Question

The company I work for have brought in a re-structure with a number of managers the of step down or redundancy. During the proposal consultations I put a grievance in about the re-structure but told I couldn't as it was only a proposal, The proposal is now going ahead and my grievance finally heard a few days ago, did I have the right to be heard sooner? I don't want their proposal, I want to fight for my role and prepared to go to a tribunal to get a third party judgement?
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.How long have you worked there for and why do you not agree with the proposal?

JACUSTOMER-0ozjgjbn- : 22years, nothing in new restructure for fresh mgrs, roles and responsibilitys of mgr not going just get done by a section leader for half the pay, half the management team staying in same role!
Ben Jones :

If the proposal was initially only that, and it was a potential plan that the employer was going to implement, then you could have still raised a grievance but until the employer knew it was actually going to go ahead they may have been unable to hear your grievance properly and it may have been pointless in doing so in the event that it did not actually go ahead.

The issue is that apart from an internal grievance, you cannot challenge their decision at this time. A tribunal cannot hear your complaint and issue a judgment at the present time. You can only take your case there once your employment has terminated. You would then be able to try and argue for unfair dismissal, or if you resign first it would be for constructive dismissal, but you must have left the company first before you can get to a tribunal. So that is why at this stage you cannot take your case anywhere and have a third party getting involved with the employer’s internal affairs and any proposals they are putting forward.

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