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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7076
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I was interviewed by my employer for a promotion 3 years ago

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I was interviewed by my employer for a promotion 3 years ago - for various reasons I was not offered the role but they said that I would make a very good uk sales manager and they would offer me the opportunity to apply as and when the the role came up - it was a sweetener for them to try stop me from leaving - now 3 years later I have just been informed a colleague that was only recruited 1 year ago at my level has not been promoted to sales manager - I was totally unaware this was happening. Bearing in mind I was promised the opportunity to apply and that they blatantly chose not to include me in the process , what action can I take ? Robin Thomas
Customer: replied 4 months ago.
The job role was UK General manager and my skill set / experience in that area was not strong enough - they wanted me to hold on for UK sales manager role to appear - this is the new role my colleague has just been awarded without my knowledge
Customer: replied 4 months ago.
Sorry - bad typo - my colleague has now been promoted to uk sales manager role

Dear Robin

Your employer made a promise and there was consideration given by you for that promise, your staying until such an opportunity arose.

As such a contract existed and they broke.

Every employer must have a grievance procedure and I would put in a grievance demanding an explanation, advising the employer that they have breached this agreement and you will consider claiming constructive dismissal if you are not satisfied with their explanation.Constructive dismissal is where the employer breaks the contract allowing you to leave and claim unfair dismissal as a consequence of the breach.

Establishing any compensation might be difficult as what you actually lost was the opportunity to apply so there is no guarantee you would have succeeded as such whilst I would approach the situation in the way advised I would consider carefully before actually claiming constructive dismissal.

If there are any further points please reply I will be happy to respond.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes


Customer: replied 4 months ago.
Hello Michael - thank you for your response , our company used to be part of Bosch, we are still a German company and that is where HR and HQ is based although we are a UK resistered company here in the UK - the only conversation I had at the time was on the telephone with HR Germany when they wanted to explain why they were turning me down, the HR manager made it quite clear at that time verbally that she would definitely give me the opportunity - being a Germany company they usually advertise internally but on this ovcaission it didn’t happen - in fact the general manager that was appointed from outside two years has just resigned , so he’s moving on and the person he recruited from outside one year ago is the one that is taking the UK sales manager role - so I’m certain they have been discussing this in the background for the last 2-3 months - the European sales director was in my office last Friday and he announced all of this to the uk team - I asked to talk with him for a few minutes and expressed my disappointment etc - he was not in the company when I went through the interview process previously so I thought I should enlighten him about what I’ve ben through and about how I feel now - he was visibly shocked ! So he will be taking this up with HR in Germany this week, so I guess for the moment the ball is in his court - is there anything else you can add to advise me how I handle the next step in this ? Thanks- Robin Thomas

Dear Robin

The best course is to remain measured about the situation. Wait to see what they come back with before considering a formal grievance. Check whether your contract is governed by UK or EU law and if responses are slow in coming make them time sensitive by following up asking for a response within, say, 14 days on any issue failing which you will proceed to the next step in the absence of a response. This way you manage the process .


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