Grievance appeal letter: Executive demoted & benefits changed

This example carries on from the separate letter called: ‘Grievance letter: Executive demoted and benefits changed’ whereby the Director was forced to resign. The employer  had responded with a grievance outcome letter (not available for us to include here), and this was the grievance appeal letter submitted by the employee. It resulted in a successful outcome.

Download this template and adapt it for use in your own workplace dispute. Remember, raising a grievance is best used if you want to leave your job with a decent exit package, as grievances are often not very popular with your employer.

Download template and join newsletter:

[Date]

[HR name]

Dear [HR]

Re: Grievance appeal

In response to your reply dated [Date] , I have concerns over some of the actual detail contained within the reply. Please treat this letter as a formal grievance appeal and escalate it accordingly.

  1. I appreciate your comments on my contribution to the BML project. I am concerned that I am not believed that I had two meetings with [Name] , especially the one at [Employer] in around January 2014. I can assure you that if there was any indication whatsoever, that there was a clear block in me returning to a Regional Director role, I would not have taken the BML secondment position, in which I was offered, due to me having the right skill set for this high profile important group project. My life whilst living in York was probably the best chapter of my life , so I would certainly not have relocated back to Cheshire on a whim. During this 2 hour meeting I was unequivocally assured by [Manager name] that  after my secondment there was a guaranteed job for me afterwards as a Director. I did not want to leave York but based on this 2 hours of persuasion I agreed to take the role. I would be happy to call [manager name] as a witness if necessary – are you happy for him to give a statement to this effect?
  2. As I mentioned in my original note, the meeting did take place in my office in Stockport and I was very excited about it. This role did exist within the [Employer] as proved by the job description document dated September 2015. It was not my position to challenge the Managing Director [Manager name] on the next steps of this discussed role. At no point was a Stock Manager role discussed with me. I find this alarming especially as the Northern Region already had a Stock Manager in [Name]. What is your explanation for the job description document – are you saying that it was not produced by [Employer], or that [Manager name] was a rogue MD? It seems more likely that when [manager name] left, [Employer] decided to get rid of me too as I was seen as one of his people.
  3. Regarding the comment on [Name]’s view on my appointment by [Name] for the original RD position, I do believe that this has some very important bearing on my grievance. I can also see why this has not been commented on. [Name] and [Name] will both be able to confirm these points  in due course if needed.
  4. The point is that I was being demoted due to [Name]’s personal decision, rather than based on any objective criteria. If I am wrong about this then why was I not invited to any performance reviews? Please disclose to me my HR file now as a Subject Access Request. I am happy to send a fee for this if necessary. If there are no notes on my HR file then I cannot see that this was a genuine performance issue.
  5. We both agree that the whole situation has been handled in a very unprofessional manner indeed.
  6. Without the company annual increase, my salary has been moved downwards, there is no avoiding this. The motive here was to clearly get me off the X2 role in a manner that I could not challenge this at a later date. Unfortunately as we know, the Company has not applied its own rules and tried to make me accept a lesser position in what could be described as a “devious” manner.
    1. The role below X2 is X1, not M3, therefore I was demoted at least 3 grades, arbitrarily. If that happened to you I’m sure you would resign too.
    2. In this section I said: “Notice – The current notice period of change of contract is 6 months by both parties. This is proposed to be changed to 3 months, which is unacceptable.” and your response was: “I note your comments.” Please now clarify whether you accept that this was tantamount to constructive dismissal and if not, why not? Where in my contract of employment does it allow you to halve my notice period?
    3. The word temporary is alarming as mentioned in my previous letter, the role has been advertised externally on a permanent basis. Please confirm that [Employer] advertised the role externally as a permanent role.
    4. If you check throughout my [Employer] career, you will recognise that I have achieved high percentage bonuses throughout. Furthermore, this bonus scheme is known to everyone and universally applied, if so this has become part of my employment contract. You even state that the different roles have different bonus schemes attached to them – that does not sound like a proper discretionary bonus scheme.
    5. As we know share options / awards are given on a regular basis to X2 employees and have been common place for many years, and no doubt going forward will continue to do so. Again, it is agreed that different grades have different share option schemes, so what you get is very much tied to what type of contract you are on.
    6. This is still very unacceptable without any agreement.
    7. Where is this compensation referred to in writing? How much compensation was I supposed to receive? These questions apply to all benefits which I was stripped of.
    8. The Multi Channel role had an expectancy to be Northampton based. So I was being relocated as well as demoted.
  7. Are you saying there is a redundancy of the Regional Director role here? Please can you clarify exactly what my skills and capabilities are, and what if any areas might need improving, because to date no one from [Employer]  has done this.
  8. Please clarify who made this change, when and why.
  9. There are outstanding payments here from my 2016 X2 grade.
  10. This comment is a true reflection of the events. You say it is not, but you should set out why you think it is not by addressing each point I raise here separately. It seems you admit elsewhere that [Employer]  has set about ‘slashing my bonus and eliminating nearly all of my benefits, relocating me to a different part of the country and telling me that I am not up to the job. ‘
  11. I am glad you agree that the Company has been clumsy. Please explain what financial agreement you are proposing, and also what is the reason for the redundancy and what the redundancy package would be.

I note your comment that management changes have made things difficult for the company , however it does not change the effects on myself and this whole grievance.

Regards

020 7717 5259

Request a free consultation now

Free consultation