Monday, October 28, 2013

Personal finance and money news, analysis and comment | theguardian.com: I was unfairly not given a post. Can I appeal the decision?

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I was unfairly not given a post. Can I appeal the decision?
Oct 28th 2013, 07:00

I have lost out on a considerable pay rise, but is there a time limit to raising this issue with my employers?

Twice a week we publish the problems that will feature in a forthcoming Dear Jeremy advice column in the Guardian Money supplement so that readers can offer their own advice and suggestions. We then print the best of your comments alongside Jeremy's own insights. Here is the latest dilemma – what are your thoughts?

In April 2012, I applied for the internal position of operations director. I was interviewed, along with one other internal candidate, and was not successful.

In June 2012 we had a new managing director. He told me that (our now ex) non-executive director, who sat on the interview panel, had told him that I performed and scored far better at the interview than the other applicant and should have been offered the role. However, post-interview a new criterion was added that was given such a high weighting that it swung the decision the other way. He also told me the non-exec would deny the story if ever challenged.

I suspect that another member of the interview panel was also persuaded against his better judgment and that it may be possible for me to get him to corroborate the story.

In the last couple of weeks the successful applicant has been demoted to another role because he was not able to do the job.

The role would have almost doubled my salary and I have therefore lost out quite considerably financially.

Do I have any right of appeal or could I raise a grievance after so much time has elapsed? Does the company have any obligation to retain the interview and decision material for a specific period of time and do I have any right to see it if I make a request?

Do you need advice on a work issue? For Jeremy's and readers' help, send a brief email to dear.jeremy@theguardian.com. Please note that he is unable to answer questions of a legal nature or reply personally.


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