A seconded position that becomes permanent starts on the day the former position was filled? Any time limit to any wrong doing by my company

24th Jun 2019

My former position as grade 3 car park assistant loading staff was filled in jan 2001. I was seconded to the freight office in 1999. That position was said to be made permanent in may 2001 and I lost the greivance case I raised. Since then I have raised an enquiry as to my former position which I was told was filled, but I could apply to that position when a vacancy arises. I challenged this again in 2002 but was told to "Lump it or leave" by the senior hr manager. I then asked for a review in 2007, by a new manager, but she insisted all was ok and considered the matter closed. I have proof from a letter from hr, stating my former position was filled in jan 2001.

CATEGORY: Employment

LOCATION: KENT

3 answers
  • Curzon Green Solicitors

    In Employment Tribunal matters, there is a strict statutory time limit of 3 months' less one day from the act complained of.  Even in civil Court cases, the longstop time limit for a breach of contract matter is 6 years from date of the purported breach. I am afraid that, on the face of it, any complaint you may have had appears substantially out of time. 

    Did you find this answer helpful?

    Curzon Green Solicitors

    Did you find this answer helpful?
  • Hattons Solicitors

    Generally speaking, time limits for claims in an Employment Tribunal are 3 months less one day from when something happended (for example an act of discrimination or a dismissal).  It would be extremely difficult to rely upon an act that happened 18 years ago.  You could contact ACAS if you feel the need to chat this through.  All the best. 

    Did you find this answer helpful?

    Hattons Solicitors

    Did you find this answer helpful?
  • Curwens LLP

    As per the above answers, the time limit to bring a claim in the employment tribunal is 3 months less one day from the fate of the alleged act / breach / dismissal. It appears from your post that your complaint is related to your position being filled without your knowledge back in 2001. Whilst you have raised issues since then; to date, you have continued to work in the seconded position which was subsequently made permanent. By continuing to work for this many years in this position, and your grievance not being upheld, it is likely that you would have difficulty in bringing a claim for constructive unfair dismissal in the employment tribunal as based on the facts, you are lilkey to have affirmed the breach. We agree at if you are unhappy about this situation then contacting ACAS may help in trying to repair the employment relationship as they act as a mediation service. If you require further advice, please feel free to get in touch.

    Did you find this answer helpful?

    Curwens LLP

    Did you find this answer helpful?

Can you help with this question? Provide an answer and receive contribution points to help promote your firm.

CANCEL Please ensure your response adheres to our community guidelines before posting.

You might be interested in these questions

HAVE A LEGAL QUESTION?

Posting a question is completely free and we have qualified solicitors ready to help you. To get started simply click the link below.

ASK A QUESTION
Find a solicitor

Find a solicitor

Use our find a solicitor service to find and compare the best Employment solicitors from around the UK. Narrow your search down to a particular town or county to find local solicitors that practice Employment law.

View Solicitors
The ultimate guide to hiring a solicitor

The ultimate guide to hiring a solicitor

Hiring a solicitor for any legal issue can feel quite daunting. It is important that you make a good decision, but you may not know what to look for and how to chose a solicitor that is right for you. To help make the process easier, we have created the ultimate guide to hiring a solicitor. We have highlighted some of the key considerations you should take into account, as well as some handy tips to help make finding and choosing a solicitor both stress and hassle free.

Read More
  • This month
  • All time
  • Curwens LLP

    Curwens LLP

    0208 363 4444

    2 Answers

    PROFILE
  • Essex Family Law

    Essex Family Law

    01245 206780

    1 Answer

    PROFILE
  • QualitySolicitors Chapman & Chubb

    QualitySolicitors Chapman & Chubb

    01773 540480

    1 Answer

    PROFILE
  • Shawstone Associates Solictors

    Shawstone Associates Solictors

    02085380114

    1 Answer

    PROFILE
  • Hattons Solicitors

    Hattons Solicitors

    01744 744400

    1 Answer

    PROFILE
Loading...