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Redundancy sexual discrimination

61 replies

Newbossseeyounexttuesday · 06/03/2020 08:04

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.

OP posts:
Newbossseeyounexttuesday · 06/03/2020 15:25

My contract just says 32 hours to be worked flexibly. Both HR and solicitor agree that due to the length I have been working this pattern and arrangement it has become the “norm” and so would take consultations and a very good “business need” to change. It is the companies fault that there isn’t a caveat in my contract both agree. So you can damn well guarantee there will be one moving forward!
I had a fab boss who knew that the best way to have a loyal and productive member of staff was to accommodate a good work life balance. That way when she needed me I was there with bells on and I rearranged my life to do so.

OP posts:
Newbossseeyounexttuesday · 06/03/2020 15:26

Nope no union. Thinking of joining one though I think my contract states I am not allowed!

OP posts:
HavelockVetinari · 06/03/2020 15:29

Get a meeting in with your boss' boss to discuss it all - it's absolutely disgraceful that he's not had regular meetings with you, and that he's demoted you and told you you're not attending a conference that you've been praised for your work at before!

It does sound like he's feeling threatened by you and is trying to get rid of you/put you back in your box. Fight him!

MonsteraCheeseplant · 06/03/2020 15:33

It'd be too late to utilise union support over this issue of you join now anyway. What does your solicitor say? Does your manager have support from upper management?

LannieDuck · 06/03/2020 15:47

Where did your old boss go? Could you follow her to a new company?

AStarSoBright · 06/03/2020 15:54

Ok so your hours and wfh are now implied contractual, I presume that's what your solicitor told you. That makes your case stronger. What have HR said about the change of role/hours as they would need to be involved in consultations?
I don't have any qualifications in employment law but, unfortunately, I do have a lot of experience in this area. My advice, for what it's worth, would be to ask for the reasons in writing why the change is necessary then take that for legal advice.

aroundtheworldyet · 06/03/2020 16:07

I totally have a huge amount of sympathy for you. It’s a really horrible feeling that you’re being pushed out of a job just because your boss thinks you’ve got it too “cushty” even though you’re doing a great job

aroundtheworldyet · 06/03/2020 16:09

I agree with someone else. Can you follow your old boss?

Newbossseeyounexttuesday · 06/03/2020 23:28

Thank you all. Speaking to my old manager but her role is totally different and she only left 2 weeks ago.
Onwards and upwards.

OP posts:
aroundtheworldyet · 07/03/2020 00:36

If you know you’re good you have power. Remember that
Men find it easy!!!!!!

lanthanum · 07/03/2020 00:36

I don't think you go for this under sex discrimination, I think it's a question of your working conditions being changed.
www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/changes-to-employment-contracts-overview/
I guess the problem is that they might claim that your hours are still "to be worked flexibly", but if you've got an established pattern you can probably challenge that.

It sounds as if you've had a pattern of working which worked well for you, and your previous boss was happy with that as they knew it enabled you to work efficiently, but the new boss wants more control, and perhaps doesn't know you well enough yet to see that your contribution to the company is fine and it's worth the little bit of advance planning necessary to enable you to continue working there happily.

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