Redundancy sexual discrimination

[Newbossseeyounexttuesday]

Hi, I sort of know I am not being unreasonable but I need to vent. I have name changed but pretty long term poster. Going to amend a couple of details.

I have been with my current company for nearly 20 years. I am in the sales team and part of the management and leadership team. I am well thought of in the industry and have been in the company, too. We did go from a small to a large company about 5 years ago so I am now a smaller cog.
My new boss started in October. I have seen him 4 times 2 of which were conferences. He started making murmurings about my flexible working arrangements around Christmas. Just after I won an award for sales person of the group. I am not a traditional “sales person” I am an account manager but as we have no other sales team in my site I do the business development too out of necessity.
I work from home, I work 32 hours a week (but I actually end up doing more) I travel I and I have to visit 6 client a month (pro rata other full time in other parts of the business need to see 8.) this was increased in January from 4 a month. I have to really manage my diary in advance I have a child and no local relatives. I do move things round, get in baby sitters, ask my DH to take a holiday etc. I have managed my own diary now for 10 years and worked at home for 5.

New boss has decided to change the structure. My job will no longer be in the structure apparently and I have to chose one of 2. One closer to my job is wfh but I need to be available to travel on all 4 days I work and at the drop of a hat. So if he calls on Monday I need to make sure I can be with a client on the Tuesday or Wednesday no matter what my circumstances. So I can keep my 32 hours but realistically I can’t travel all the time and never have been able to.
Second job no or limited travel but working from the office. I dont child care when I am working but I do need to be here and the wfh manages that. I used to use after school club but I was asked to work from home by the company and so adjusted my life round that. Including no need for after school club. It’s now full of smaller children.
I spoke to a solicitor they said those jobs are not the same and to offer me them they have to make my position redundant. However they also have to offer me something that fits in with my current lifestyle or I don’t have to agree.
Oh and I am being removed from the management team as the boss says he can be in it now and I am not needed. I have been on the management team for 12 years at least through many managers.
I don’t want to be made redundant, I will never find a job that is as flexible but I also never asked for this much flexibility in the beginning, it was pushed on me. No full time member of staff we have had doing the BD job has met my targets or the number of meeting etc.
I also can’t take any of the jobs if they make me redundant. It’s not fair on my boy or my dog (I know it’s not the same but I wouldn’t have got him if I didn’t work from home) I use a dog walker but I would have to be out of the house from 8 till 6 minimum.
Also my husband earns at least 50% more than me some of this doing overtime and he wouldn’t be able to

So
I wouldn’t be home for my child
I would no longer be a member of the senior team
My husband won’t be able to do any overtime, so we will be bringing in less money.

IANBU to be pissed off, stressed and anxious am I?
How can a company treat someone like this.
What the bloody hell am I going to do.

Thanks for reading all this.

Can you go above him, maybe to a senior who knows you & make sure these are your only options, & not just your boss trying to manage you out?

You are not being unreasonable feeling the way you do, & yes this is an appalling way to treat anyone, let alone a long standing employee who has been extremely flexible & successful over the years.

Can I ask how you do 32 hours a week without doing childcare whilst WFH if you don't use any wraparound care? You say you don't childcare but you do need to be home, I'm just wondering if that is an issue for your employer?
If your role no longer exists then they can make you redundant or offer you a suitable alternative role. Having just been through this with DH I know that the criteria for an SAE is ridiculous. He was offered a role an hour away from his existing office, almost 2 hours from home, with his hours changed from 6.30-2.30 to shifts between 6am and 11pm. It was still considered a suitable offer, they don't have to consider your lifestyle and commitments unfortunately.

I'm suprised they have to offer you something that fits in with your current lifestyle. Working from home shouldnt be used as childcare solution.

@waveysnail they don't but OP equally doesnt have to accept an alternative. The issue will be if alternatives are considered 'suitable' then she will likely be ineligible for redundancy.

I think you are getting distracted by childcare issues. They can offer you something which significantly matches your current role in responsibilities and job description, which is often defined as a % ie. 80% match. However your childcare issues are yours to work out and they are not obliged to honour any current arrangements. How old is your dc? Wfh is not a substitute for arranged childcare. If you refuse either job offer is there an option for voluntary redundancy?

Are you saying that by working from home, your children don't need to be in chidlcare? You arrange the visits to your customers to suit your childcare arrangements?

Frankly I don't think this is what WFH is meant to be. It means doing exactly what you would be doing in the office, but you avoid the travel (and get to work in your pyjamas!).

It sounds like you've take WFH to another level and I can see why your new manager wouldn't be happy with it. I don't see how the 32 hours job they are offering you differ vastly from your current one, the only difference is that you will have to use childcare as you'd lose the flexibility of arranging your work to fit around your childcare needs. You might possibly have a case legally, but similarly, I think it could very much go against you.

I work from home 3 days a week as my manager understands that I would have to pay a extra two hours childcare to get there and back from the office?
I wouldn’t be able to work at my full ability if my child was in the house with me? Maybe that’s what he’s trying to phase out?

Suitable alternative roles are based on the content of your job role, not the location or flexibility offered, so I think your solicitor has given you a bad steer there - are they an employment lawyer? - unless things like wfh are written into your contract.

You should also check your work's policy on things like wfh, you may well find there's a clause around reserving the right to change ' because of business needs'.

FWIW, I don't think you're wrong - the new manager has taken agin you or the way you work, and wants to manage you out. But he is going about it quite cleverly.

I would see a specialist employment lawyer. Removing you from the management team may be a significant enough demotion to count towards constructive dismissal, but as I say I think your manager knows what he's doing. So check all policies very carefully - the way to win at tribunal is to show they aren't following their own policies, but that won't help you keep your job I'm afraid. Sorry op.

I'd be more concerned with the demotion. You have been a member of the management team and now won't be, that would make me cranky. To me it sounds like new manager is trying to push you out.

Also 'being able to travel at the drop of a hat' - if that's within work hours, then you don't have a leg to stand on with that one I'm afraid. They can ask you to do what they want within work hours.

Has your employer/boss put your 2 new job options in writing, with timescales for a decision to be made ?

Is there a redundancy option ?

If you choose, the office job, can you ask to work from home a couple of days ?

Your out of work life is really not your employers problem eg your family, hobbies, pets

Both of the jobs on the table mean you now need to organise childcare. Try and take all the emotion out if what's happening here.

Are the jobs being offered of interest to you?

I suspect that if you turn down both jobs you won't be offered a redundancy package & constructive dismissal might be hard to prove.

How long would it take to get another job with a different company?

Another thought - if the after-school club isn't an option have you explored a childminder?

Sorry, but I don't see this as sexual discrimination

Businesses make changes over time to structure, location, merges with other companies etc

I can understand why you are annoyed, however, you probably cannot stop any of the changes

If they drop you from the management team, will you keep the same pay ?

Why can't you increase your hours to 40 & pay extra child care ?

I don't see how this is sexual discrimination?

Your childcare and your dog are not your employers problem.

I'm unclear whether redundancy has been offered? Or are you surmising redundancy may be offered if you do not choose the other options?

Are you in a Union?

I also don't think this is sex discrimination

I can see why you are annoyed. It sounds like the new boss thinks you have a cushy deal, and is more interested in bossing you around than keeping a good staff member onside. However, realistically, the former of the two jobs offered should be ok shouldn't it? You should only be expected to travel within working hours so if you genuinely aren't doing childcare whilst WFH it shouldn't make your day any longer. You might have to sort something out for the dog but that isn't their problem. Working from the office might be worse if there's a commute. However 32 hours over 4 days is 9 to 5 with no lunch break, so I don't see how you are managing this as well as looking after a child and a dog? Unless you are doing some work in the evenings

If you work in sales/account management it is not at all unreasonable to ask you to travel to see clients at short notice. I work in sales too, have young children and see double the number of clients you do per month. Your childcare arrangements and the fact you have a dog are really not your employers problem, that's for you to deal with

I am being removed from the management team as the boss says he can be in it now and I am not needed.

I'm not sure this is a sufficient reason to demote you from a managerial position.

Have you spoken to HR about things? Explain that you've always managed your own diary and have won awards for your service. From a business perspective it makes sense to continue with this formula, rather than remove your ability to plan for travel arrangements.

sorry where is the sexual discrimination her? I think you are confused as to what that means?
It seems as though the role has changed and they have offered you alternatives. It's just that it now doesnt fit in with your childcare which I cant see why that's the employer's problem.

I am struggling to see how on earth this can be sexual discrimination. Sounds like you had it really cushty working from home and not having to shell out for childcare. They have offered you 2 alternatives, both of which will require childcare so how are they being unreasonable? The fact you, like millions of other women, have children and a dog is of no consequence to your employer. The majority of people have to use childcare in order to work. YABU.

I think you may have changed too many details tbh OP, because I find it hard to believe that a solicitor would say that they need to offer you something to fit your lifestyle.

It's always stressful when changes to your job are proposed, so it's quite normal to panic and not be able to see beyond what you currently do. If you don't use any of your WFH time as childcare currently, then it's hard to see the issue with travelling more.

Get some good advice on the situation from another party, as I'm a bit doubtful about who you've seen so far! I hope you can sort something out, OP.

"can't travel all the time & never have been able to"

Your employer must expect that you can
during X to Y hours if you have that sort of occasional travel job role

By offering you a job in the office, your hours would be the same each week. So you would have more stability to arrange your child & dog care

Sounds like a good option

It does sound like he’s trying to push you out, and simply doesn’t like your style of working which impo is incredibly short sighted if you are genuinely doing extremely well for the company

But people love to tell you you’re being unreasonable for expecting anything from an employer. In the real world, most employers wouldn’t want to get rid of someone who is a financial asset to the company!!

So I would go above your manager ASAP. Take all your figures in with you and say you want to stay working the way you do, but you have to be prepared to walk away if they take his side.

Also take all your figures and stats so that you can show future employers. If you genuinely are that good, it shouldn’t be hard for you to find a similar role with good flexibility.

Lots of posts show people don't understand sex discrimination. There is case law similar to your situation, depending on how much notice they are giving.

It can be considered indirect sex discrimination if you apply a policy, procedure or culture (of a workplace) to everyone equally, but that change has a more detrimental impact on those with protected characteristics. Tribunals recognise and have stated that women do the majority of childcare and therefore decisions that effects that often have more of a detrimental impact on women.