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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50159
Experience:  Qualified Employment Solicitor
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I am approaching the 2 year anniversary of my contract of employment

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I am approaching the 2 year anniversary of my contract of employment with a global publishing organisation where I am employed as a global client relations Director. The date is 3 June. For at least the last 12 months relations with my manager have deteriorated to the point that she has recently deputised management of our department while she has been away on sick leave to a Manager where previously this was something I was tasked with as a Director. There have been numerous other examples of what I would consider bullying or overly-critical behaviour. My sense is that she may give me notice before 3 June. I think that there may be grounds to lodge an internal grievance. I'm not sure if a grievance would need to be resolved before I could be given notice. Essentially I'm looking for advice on the best course of action.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long is your contractual notice period and does the contract state you could be paid in lieu of notice?
Customer: replied 2 years ago.

My notice period is 3 months and the company may pay me in lieu of notice

There is no legal requirement for an employer to complete an ongoing grievance before they may issue you with notice of termination – that could happen at any time, whether you have an open complaint or not. The main issue here is the clause that allows then to pay you in lieu of notice. It means that they can terminate your employment at any time before the completion of your 2 years’ service simply by giving you notice and paying you in lieu. So until the 3 June you may legally be dismissed at any time and would not be able to challenge it. There is unfortunately no way to prevent that if it is what the employer wants to do. However, you may wish to consider delaying the grievance until a date when you have accrued the 2 years’ service to be protected against unfair dismissal. If you were to raise it before that the employer could see you as a troublemaker and have a reason to terminate your employment. If you do not rock the boat until then they could unintentionally allow the 2 years to pass and then terminating your employment will be a lot more difficult for them. You could then raise the grievance safely knowing that they cannot just dismiss you for having raised it in the first place. So this may be the most mitigating thing you could do in the circumstances but the key really is to try and get over that 2 year threshold whilst still employed by them.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

Many thanks. Would I be able to challenge on the basis of unfair dismissal if I had submitted a grievance before I receive notice?

if you were dismissed before the 2 years were up, regardless of whether you raised a grievance before you were issued with notice, then you simply cannot make that claim as you do not meet the minimum criteria for claiming.