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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben I was taking my employer A NHS Trust to an industrial

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Hi Ben I was taking my employer A NHS Trust to an industrial Tribunal May 2014 through a solicitor I agreed to a Cot-3 agreement out of court.
Part of the clauses of the agreement is that end of a disciplinary demotion sanction I would return to my original banding halfway through my sanction I formally requested to return to my old job, within two weeks of this request my position was advertised as a permanent position while being covered by a person on a secondment.
I requested formally to apply for the position even though the new trust disciplinary policy did no longer denied persons under a disciplinary sanction applying to a higher position. I was denied to apply for the position because I was disciplined under the old policy
Less than one of the clauses of the cot-3 agreement is that my redeployment to my former banding pay is that my preference to be taken in consideration and in line with my skills and experience to be taken into account.
My sanction ends on the 29 April 2015 and I have informed my union representive (UNITE) that I want to return to my old position or same duties. I also informed of irrespective of what position I hold on the 30th April 2015, I expect to return to my old pay band and any enhancements I had as before.
Up and till this e-mail the management or human resources have not made any approach to me.
My case is complicated but in a nutshell it is my belief I was targeted by the management and intimidated and bullied out of my position I had more than a 60% chance of winning my case at tribunal and was threaten off cancelling my contract of employment 2 weeks before the tribunal hearing for not signing a amended contract of employment. It was only after the realising of that I would not back down and we were going to court the management started and initiated negotiations to agree Cot-3 agreement
I have the opinion that they are not going to honour that agreement
Where do I from Here?
presently demotion to NHS band 1 was a band 11
Kind Regards
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and have you raised a grievance about this?
Customer: replied 2 years ago.

I have woorked for NHS for 15 years this year working for the trust from 2004 when it took over our hospital authority

I have not set in motion grievance as yet waiting till after the 29th of April in which i will

My Union Unite are about to persue the matter with them now and from past experinace they draw things out

Thanks and what are your specific queries about this situation please?
Customer: replied 2 years ago.

What are my options if the renege on the agreement? I have attached part of the agreement below

1. The Claimant accepts his demotion to band 1 with effect from 29 October 2013 and the reduction in his pay to band 1 wages.

2. The Respondent agrees that subject to satisfaction of the conditions in clause 3, upon expiry of the Claimant’s final written warning on 29 April 2015, it will take all reasonable steps to redeploy the Claimant into a suitable alternative role at pay band 2 within its High Secure Services. When considering what roles are deemed suitable alternatives, the Claimant’s skills, experience, preferences and circumstances will be sought and taken into account by the Respondent.

3. The Respondent’s agreement to redeploy the Claimant under clause 2 above is contingent on the Claimant maintaining performance and conduct satisfactory to the Respondent.

further to this agreement my solictor suggested

If you accept this offer I suggest you it is done subject to further negotiation on the terms as they are still trying to settle all and any claims that you might have or may have in the future;

If they were to renege on the agreement then your options are as follows:
1. Initially you need to pursue this matter through the internal grievance procedure as that should always be the first step in such situations – you can argue your case there and the employer will investigate this and see if there was any wrongdoing. If you disagree with their final outcome you have the right to appeal.
2. If the grievance option fails then you can consider making a claim for breach of contract (this is breach of the COT3). However, you can only make such a claim if you have suffered actual losses as a result and we are talking financial losses. SO if you have not been affected financially by this you cannot make a claim for breach of contract.
3. The final option is to resign and make a claim for constructive dismissal. This is really something which should be used as a last resort and if you feel that the employer’s behaviour has made it impossible for you to continue working there. You would need at least 2 years’ continuous service to be able to make the claim though and only go down that route if you seriously believe you cannot continue working there as a result.
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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