Withdrawal of promotion offer

Amphibian

My wife works in the NHS and at the tail of last week was offered a promotion, following interview. Today she was contact by her manager and advised the offer has been withdrawn because my wife's supervisor has been advised by an anonymous third party that my wife allegedly made some comments about the supervisor that the supervisor did not like. The supervisor said these comments came from an impeccable source and had destroyed any trust the supervisor had for my wife, making it impossible for her to work with my wife in the same management team.

My wife did not make any comments.

The offer was made subject to satisfactory references and OH clearance, nether of these conditions have been or would be failed.

My wife's HR department claim there is nowt they an do, because nothing had been put in writing. Her supervisor's manager says she will support the decision of the supervisor.

Where do we stand? Can an offer like this be withdrawn unliaterally without my wife being allowed to defend herself at all, based on no more than hearsay from a nameless party?

Her supervisor has said she is not interested in any explanations, as they would just be an attempt on wife's part to 'dig herself out of it'

HR have advised her to raise a grievance, but would this be able to reinstate the job which is rightfully hers?

She is effectively being told that she is now untrustworthy and therefore unlikely to ever gain promotion.

It is going to be very hard for her to continue working under this supervisor.

Any advise would be gratefully received.

maninthestreet

It sounds like your wife has been constructively dismissed.

Amphibian

maninthestreet wrote: »

It sounds like your wife has been constructively dismissed.

Except she still has her current job (though it is virtually untenable) which is in the same department in the same team as the offered job. So she has not lost a job, just been denied the one offered. What I can't get my head round, is that on Friday she was considered the best candidate for the job, today, based on malicious hearsay, she is now considered unsuitable for the role.

How can this be legal, she couldn't be fired or even disciplined over these alleged comments, even if true, so how can she have an offer retracted.

Also I am thinking that her supervisor and manager are now managing her differently based on unfounded accusations from an unknown party, with no right to reply, isn't that harassment?

Her HR department have advised her manager that they must put the retraction and reason in writing, surely once they do this they are admitting in writing the offer was made, surely the reason has to then be substantially more than hearsay.

How do you raise a grievance against an unknown party, or does she raise it against the management team for listening to it, would they then be compelled to disclose this 'source'?

maninthestreet

Amphibian wrote: »

Except she still has her current job (though it is virtually untenable) which is in the same department in the same team as the offered job. So she has not lost a job, just been denied the one offered. What I can't get my head round, is that on Friday she was considered the best candidate for the job, today, based on malicious hearsay, she is now considered unsuitable for the role.

How can this be legal, she couldn't be fired or even disciplined over these alleged comments, even if true, so how can she have an offer retracted.

Also I am thinking that her supervisor and manager are now managing her differently based on unfounded accusations from an unknown party, with no right to reply, isn't that harassment?

Her HR department have advised her manager that they must put the retraction and reason in writing, surely once they do this they are admitting in writing the offer was made, surely the reason has to then be substantially more than hearsay.

How do you raise a grievance against an unknown party, or does she raise it against the management team for listening to it, would they then be compelled to disclose this 'source'?

Constructive dismissal means just that - your wife hasn't actually been sacked, but has been treated in such a way by her employer that her position is untenable:

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026696

onlyforboards_2

Amphibian wrote: »

My wife's HR department claim there is nowt they an do, because nothing had been put in writing. Her supervisor's manager says she will support the decision of the supervisor.

That makes no sense. How can they adequately explain why she has failed to obtain the promotion without anything in writing.

I would have thought the HR department would be very concerned about it!

Amphibian

onlyforboards wrote: »

That makes no sense. How can they adequately explain why she has failed to obtain the promotion without anything in writing.

I would have thought the HR department would be very concerned about it!

This is my take, when they write to state why it has been withdrawn they'll be admitting the offer was made and their reasons then have to be justifiable.

My HR department, different trust, were outraged by the whole scenario, her's however seemed far less concerned. I am surprised they'd rather go through the whole grievance procedure than someone simply tell them they can't do that.

Oldernotwiser

Has your wife involved her union in this yet?

olias

I would definately raise a grievance.

If, as you say, the manager has implied he has no trust in her and made her present position untenable, then raising a grievance can't make things any worse. It would also mean that the whole reason for the allegations (and presumably the source) would have to come out and be backed up. If they cannot be backed up then it would be the manager who would be made to look incompetent. If she goes down this route then make sure that you make detailed notes of what steps the employer takes as if they fail to follow the correct grievance procedure then this would form the basis of any future case your wife has with an employment tribunal.

With regards to constructive dismissal. This could definately be a route to take depending on the result of the grievance, as part of the work contract is a duty of mutual trust between employer and employee (can't remember the exact legal wording, but it's something like that). The manager has already admitted to have broken this.

One thing I always bang on about in this forum, but cannot stress enough, is that your wife must make detailed notes of all relevant times/dates/conversations/paperwork etc. If there is even the slimmest chance of her going down the route of a tribunal then she will need every bit of evidence she can get (I have gone through an employment tribunal and my bundle notes etc was 2" thick! - I won!) - Good luck!

Olias

maninthestreet

Very good advice from Olias. The wording of the grievance is important here - is it even advisable to mention the 'lost' promotion in this case? Perhaps the main thrust of the grievance should be the fact that the supervisor has told the OP's wife that they are no longer considered trustworthy?

olias

Hi, just looked it up - the wording is 'a breach of the implied term of mutual trust and confidence between employer and employee'. This is set down by law as being an inherent and fundemental part of any contract of employment whether or not it is mentioned in the actual contract.

In other words, if your wifes supervisor has stated (to her, or more seriously to a higher manager) that they have no trust in your wife as an employee, then that is a breach of contract. Your wife has also, as a result of the supervisors comments to management, lost any confidence in the liklihood of her employer treating her fairly due to these comments and the effect they have had, and will have, on her promotion prospects (presumably any other future promotion would have to go through this supervisor or at the very least require a reference from this supervisor?)

Olias

PinkTwirl

What a bunch of backstabbers. HR probably won't get involved, they always take the others side. In fact, I left with a £9K payout as my solicitor said that I could have taken my company for constructive dismissal.

Definitely worth looking into it as you don't have to be sacked.

Good luck.