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


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. 

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  • 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. 

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    Hattons Solicitors

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  • 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.

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    Curwens LLP

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