Can they do this to me during my notice period?

[Notcool1984]

After many years of toxic work atmosphere (Male toxic environment / workplace bullying etc) I managed to get a new job. Unfortunately there is a three month notice period in my current role. I handed my notice in one month ago. It has been awful since, with my hours being changed to be less flexible (I’m single parent) - my exact hours are not in my contract, lots of passive aggressive emails about my work (which has never been a problem - in fact I got highest rating in my personal development review) and lots of whispering / ignoring me etc and leaving me out of all meetings. Now I’ve just had a call from the boss to say for the remainder of my notice period they are going to get me to the most junior role in the workplace (I’m currently in middle management). I’m so upset, can they do this? I still have around seven weeks notice period to go.

you dont actually need to go to meetings.
it is human nature sadly to not interact so much with the person leaving the job.
well done for your new job,
well done for leaving soon, count down the days.

Are you aware of Constructive dismissal and taht you can take action once you have left?

Yeah I’m still 50-50 about raising a grievance but so will ask for written explanation why male colleagues getting to do same job. That’s a good idea. The union are already being great

As long as the reference is truthful and non discriminatory (as per protected characteristics) you can say anything you want.

True in theory but most orgs are packed so full of risk-averse compliance wonks these days that pretty much no-one gives references other than confirmation of dates.

Are references in for the new job?

If yes, just go off sick.

Oh I think you definitely need to raise a grievance.thats really not on

I’ve spoken to the union. There are two male colleagues leaving at the same time to me who are continuing their same roles during their notice period I just found out. Ahhh!

Bingo! Use this knowledge to claim sex discrimination and demand that you go on gardening leave and work out the rest of your notice period at home on full pay.

OP don't listen to people who jump onto the bandwagon of getting signed off with stress - it really devalues the challenges of people who experience debilitating stress to take sick leave as the default position, unless you are actually so stressed you believe it's your only option.

You have the last laugh, you're going to a better place, and hopefully better pay and conditions. If you have any accrued holiday, consider using that to shorten your notice.

You have every right to call them on their bad behaviour re Harrassment, if you believe they are deliberately targeting you with unachievable shift work because you are on your notice period. You could feasibly inform them that's discriminatory under the Equality Act (2010) to which you are protected for the duration of your employment including contractual notice period, especially if you can state they've never given you those shift patterns in the past, specifically due to child care obligations, and they are only now doing it to retaliate against you.

The written approach is good. It would also be worth speaking to HR to ask if you can be let go sooner since clearly you aren't needed. They'll probably let you have a gardening leave pay out.

Include the comparator of your male colleagues being treated different to your complaint to HR - I doubt whether they will let that one go, even if your bungling management tries to.

differently

Agree with daisychain01, don't sign off with stress unless you really can't function because of what's going on. You're in a really strong position now, especially with union support, and if you sign off sick there's a risk of your new employer finding out and, not being in full possession of the facts, assuming the worse.

Yes, just treat it as a period of doing very little work and go on and on about how wonderful your new job is going to be, etc. etc. then they might put you on garden leave. There are several of us in my workplace who have to give 3 months notice, a bit excessive in two of the posts. The classic response to being reminded you are on three months notice is to go off sick with stress for the duration. I would not do this but nearly everyone else who has left over the years has done.

Wow, they must be pretty naive if they've really done that. Is there any chance they just haven't told the male colleagues they'll be working as juniors yet? (since you only found out this morning)

Ask ACAS and your union about constructive dismissal.

How can it work as constructive dismissal if the OP has already handed in her notice? Aren't the two mutually incompatible? Or if it were constructive dismissal, could that mean the OP could leave immediately and be properly paid (whatever that might entail), or would she just be left high and dry and unpaid?

Some awful advice on here amidst the knowledgeable posts. OP - do use this thread as a sounding board but please don't follow anyone's advice about going sick, walking out etc. Discuss and agree with your union the best course of action - they can support and protect you (unlike us on here).
If you do have to stick it out for the next seven weeks, as others have said, channel your inner calm as far as is possible, keep detailed notes of all harassment and unfair treatment and use your union to force your employer into behaving appropriately.
Take good care.

There is some really poor advice on this thread

Firstly, do the male workers do the same job or have access to information that would be beneficial to a competitor? If you do (and they don't) that is probably justifiable from the company - if not, then that's an issue. Your union is probably best placed to support you.

You CAN give bad references if you can back them up with justification. I would not advise you to be signed off sick.

Good luck with the new job, OP! Your old company are just showing you why you are moving on and it sounds like you've done the right thing.

That's why I said talk to ACAS; if she hadn't handed in her notice she would potentially have a case for sex discrimination and constructive dismissal.

IDK if her handing in her notice invalidates the claim, but I suspect she still has a case since she has to work out a long notice, and her employer is deliberately creating a hostile workplace. She can show their behaviour is targeted at her, and isn't accidental.

My partner is having similar issues just now and it’s basically because they are annoyed he is leaving they male it as hard / miserable for you as possible. Deal with it professionally through the unions and know you’ve done nothing wrong.

They might want you to leave early, so you could either speak to them about letting you go early with pay. If not then I'd do it because it would mean less workload and less stress for the last week!

@JemSynergy

Did you miss the bit where the OP says

The junior job is not easier though, it’s worse shift patterns (v early starts / later finishes) and more physical. It’s the job everyone has to do as a trainee to get to the more senior decision making, planning roles. I do think it’s workplace bullying.

It isn't less workload or less stressful (often the case that lower paid roles are more stressful!), it's harassment, as they are deliberately demoting the OP, contrary to the contracted role they are paying her to do.

I am not 100% sure but I seem to recall that just because you don't have flexible working in writing/contract, if it's been agreed and enact over a period of time, I believe that counts and they now need to adhere to it. So, for example, if there's an email trail between you and HR/your boss in which you discuss and agree you'll be working x hours, I think that would be considered formal agreement.

I'm not sure you can stop them from making you do the crappy work, but I do think you can and should push back on the flexible working thing.

Go to the doctor and get signed off with stress for the rest of your notice period. They are bullying you and ridiculing you for daring to leave the company. If you have an HR department you could complain but it doesn't sound like you have much support. They can put you on gardening leave if they want but making you work at a different job or moving your desk to the junior section is obvious bullying.

I don't have very much advice for you, but hoping you get the support you need to get through your notice period.

I'm in a pretty miserable notice period too, so you're not alone. Best wishes.