To think I may be being unfairly made redundant...

[Burtiebojangles]

I've posted on here before about more of my life in a shitshow, I'm not even sure I'd believe that this much crap can happen to one person - but it has, so please don't judge me, you all really helped last time. Anyway, I know there's a board for this, but I guess I'm looking for a nudge to stand up for myself rather than employment advice. Bear with me, it may be a long one.

I've been in my current job for 6 years, most of which I've been the only person doing my job. Everything was fine, then I got pregnant and I started to feel a bit pushed aside. I was told that my maternity cover would be brought in on a permanent basis as the workload was too much for one person. (It was never an issue before this point).

The day I returned to work, I was pulled into a meeting alongside my cover and told we're moving departments, got a new manager and our jobs will probably change. I only took 6 months so I was under the impression my job couldn't change. I signed a form before I left to be informed of any job vacancies within the company, I received nothing about the management role becoming available. It wouldn't have been out of reach for me, but I heard nothing until this meeting being told who my new manger was (external appointment). Also, the director and my old manager kept behind my cover and told her that this is a really good opportunity for her and they have a great future at the company. A bit strange, I thought, as we're both in the same position - why wouldn't it be said to us both?

Anyway, my job did change. I ended up doing the low-level work I'd not done since I started my career and my cover was still doing the work I had previously. After a drunken vent to my old manager, the situation got resolved, we were back to doing the same role and back under this manager. This is all just a bit of a back story.

We were furloughed in March, redundancies started not long after in which voluntary was offered to all except those who had less than two years' service, who were made redundant off the bat - except my maternity cover. I was never told my role was at risk during this period.

Not long after it was announced we'd taken on another company and redundancies were paused. Within a week, one by one, minimal staff were brought back to work on the brand launch, probably around 10 of us out of a workforce of 100. Yep, mat cover came back before me but tried to think positively that they might have been considering that I'd need to find childcare. I was given an hours notice to return to work and that month I worked around 40 hours unpaid overtime (overtime isn't a regular occurrence within the company) and the launch was a big success. Everyone got a pat on the back, it won't be forgotten etc. but we were placed back on part-time furlough to 'make the most out of the scheme' until our services are back up and running. Told this was to keep us in the loop.

Today, I've received an email to say that due to low work levels, they need to reduce staffing costs and I've been called in to discuss how this will affect me - not really sure how this can be used because we've just doubled the workload by taking on a new company. People have been asked to reduce hours in areas that aren't back up running yet (where as my area is imperative to get the company back to this point) via email so I know this is the start of the redundancy process.

The problem is, my maternity cover received an email to say she is unaffected and will return to work as normal after the furlough scheme has ended. We have the same job title, we share the same work, we have similar degrees and work experience, only I have a little more due to being slightly older, but much more experience within this company. I've never had issues with my quality of work, we don't have appraisals so nothing to go off there, it's not really a results driven role but during my time there I have numbers to my name about how I grew certain areas and increased revenue, my time-keeping is perfect, all my deadlines are met, I've been as flexible as they've needed and there is nothing to really set us apart - other than me having a child.

Not only do I feel completely screwed over after having such a big impact in saving the company with the brand launch, especially after working so much overtime, but I feel the selection process is completely unfair given someone in the same role isn't at risk. I've been singled out and I think it's because I'm a parent, the consultation process is just a face-saving exercise as their decision has clearly already been made. Their previous selection process of those new to the company are first to leave has been completely disregarded but only in my circumstance.

I want to fight it but I also feel so deflated. I've never had any problems at work so I feel completely blindsided. It was only last week I was asked to up my hours and was told there would be a package in place to covering out-of-hours work. My meeting is today but I feel sick to my stomach and can't sleep, so if you're awake, I'd love to hear if you think I should pull up my big girl pants and fight this.

I should mention my mat cover is absolutely lovely! They're backing me all the way, there's nothing sinister on her part at all.

Rooting for you OP. Sounds like discrimination.

Call Pregnant Then Screwed who have an excellent free legal advice line. There’s a lot that sounds wrong in what you have posted, so you could push for an increased settlement.

Regardless of personal circumstances /gender are you more expensive.

Don't think you will be able to join union as the process has started it's like insuring your house ofter you've been burgled and trying to claim.

You have put a lot of info on there most of it's irrelevant. The up shot is there is only work for one person and there selection process who they choses.
No need to bang on about maternity and furlough you need to see the selection criteria they have used to select you .

I've recently been through a similar situation. ACAS was really good so worth a call. I'll message more shortly! My result was leaving with a whopping settlement x

Sorry this is happening to you OP.

Agree that you need legal advice or union support.

Do NOT trust your Mat cover and don’t tell her anything you wouldn’t want being fed back to the management team.

@paintmegood I can only speak from personal experience. I joined the union when we first got an at risk letter and they represented me right through the process.

Also op, take some time to think about what the outcome you want is. It sounds like your maternity cover has a face that 'fits', probably because you are now a parent. If the company are treating you this badly then I'd think about negotiating a higher redundancy package being topped up by a settlement agreement if you can prove discrimination.

I’ll definitely give ACAS a call when they open.

In simple terms...

10 months after you returned from your maternity leave you appear to have been selected for redundancy but your maternity cover has not. Despite the fact that you do the same jobs and she has been employed there < 2 years which has generally been used as one of the criteria to select people.

Put in those simple terms it's hard to think of a legitimate rationale that is NOT unfair.

Even if she does have better qualifications/performance than you, these criteria have not been used to exempt other people employed for

Hope you can get some good advice from acas. What a nightmare. What time is the meeting? They obviously don't want you to have any prep time.

I’m really annoyed I was invited to this meeting at 4pm yesterday, it’s almost like they don’t want you to be prepared.

Well, they would do that, wouldn't they? They want to throw you off your game. I'm disgusted by the cavalier behaviour of so many employers in so many industries. They know they can get away with it, in a way they couldn't have done 35 years ago when unions (in Australia, where I am) were still strong and the workers would go out on strike if one of their number was badly treated.

Burtie, you've had a sleepless night, but in the morning you'll be speeding on adrenalin and this could be to your advantage if you use it well. If you can't get union back-up to your meeting -- OK. You've tried. Can you get a friend, male or female, along as your witness and note-taker? (Not a colleague; get someone outside the company.) If you can, get them to stride in confidently (pref in Fuck You Shoes if female, and in splendidly tailored suit, for both sexes), and loudly introduce them: "This is my very good friend Jessie Jones, who has kindly agreed AT VERY SHORT NOTICE to take notes for me this afternoon". You don't need to tell them whether or not Jessie is a lawyer. If there's no enthusiastic response from the bozo bosses, say: "Please make Jessie feel VERY WELCOME".

If you do have to go alone, be assured that you are eminently capable of dealing with this. Smile beatifically, take copious notes and use the enquiring stare and lightly raised eyebrow when they're bullshitting you. Remain absolutely calm, if only outwardly. If you're not getting the info you want, keep turning it back to them to deliver. Point your pen at them. If they accuse you of raising your voice, tell them you are not (even if you are, and I definitely advise you to amp it up). Daintily nitpick the hell out of them. Well, derfred, what did los stupidos expect? For you to be a nice girl and roll over? Hey?

Burtie, I'm lobbing a lot of advice at you, but please know it comes from hard experience and a good heart. When I was made redundant in 2010, a year after mat leave, I had no time to prepare. I got the phone call to a meeting at 2pm and at 2.03 the redundancy "offer" was put in front of me. It was big money, and as I was pissed off after a year of being sidelined, I took it. Being the type who seemingly wouldn't let butter melt in her mouth, I surreptitiously created havoc for the next three weeks as I worked out my notice. I paid off my mortgage and went back to uni. My outcome was better than that of some of my colleagues, who were bullied until they resigned with no payout. One, a mother of three, was the most efficient worker in the place. She got so demoralised she resigned, and left with nothing. That's how employers do it these days. They grind people down until those people feel they barely deserve to have a job.

Don't let this happen to you, Burtie. In the most charming, graceful style you have a golden chance to KICK THEIR FUCKING ARSES and ensure that, if you have indeed had a gutful, you leave with a good payout. Then do as @Marmunia1975 did and start your own company and take all their business.

Seriously, I am so shat off by mincy-mouthed employers who use "the current climate" and "the downturn" and whatever has been going on for the past 40 neoliberal years to get workers (especially mothers) off their books.

Good luck and courage for 4pm.

@Yarboosucks

I don't think that you can be taken off furlough and then returned to it either.

Yes you can

Definitely ring ACAs and ask if you can either take someone into the meeting with you, or record it on your phone. It is roles not individuals that get made redundant so if there's 2 people and only work for 1 they should be interviewing both and keeping the best. I would also take a record of your hours worked because doing overtime doesn't suggest a lack of work!

You need to contact Pregnant then Screwed.

pregnantthenscrewed.com/

I went through a similar situation recently regarding redundancy - I was lucky to have legal insurance as part of my home insurance. Perhaps this is something you also have?

[quote TellerTuesday4EVA]@paintmegood I can only speak from personal experience. I joined the union when we first got an at risk letter and they represented me right through the process. [/quote]
I get that and it does happen but it's very much the exception. I've been a union official and member of three different unions so I do know what the rules generally are. I don't want the OP to get their hopes up that they'll get representation.

Not necessarily true, most unions will not represent someone who joins with an existing issue and most will not represent for a fixed period of time (this varies but 1-3 months usually).

I ,at be wrong but I thought with Unite the Union, you can join at point of need (though for personal injury claims 5ere is a 4 week membership require,ent before legal representation)

I’ve just checked unite and unison and both are 4 weeks prior to issue arising that they’ll offer representation. I’ll have to check our home insurance policy. Just trying to get through to ACAS. My stomach is in knots this morning. It would be helpful to get an interview from one of the 10 or so jobs I applied for yesterday 🤞🏼😂

@Burtiebojangles - I would still join Unite, even if there is a 4 week waiting period. After all, it’s unlikely all to be done and dusted within this period and, if it is / their services are not required, you can cancel your membership

Having it there as a safety net if you need / want to being a claim might give you peace of mind

Yes, absolutely still join!

A relative has just been though a similar situation.
If you can take a colleague with you to meetings to take notes. Make a list of all your questions before the meeting and note the answers. During the redundancy consultation put in writing everything you can think of to question why the redundancy is necessary, why your colleague is not in the pool and so on. Suggest alternatives to redundancy if you can. Ask for a copy of the company redundancy policy, and raise questions if it is not being followed.
Make sure you get copies of every possible relevant document from the company while still employed: all relevant policies such as equality, maternity, attendance etc. Also get copies of contract, all payslips, sickness record, any other documentation relating to your employment. This is to because you will not have access to anything on company systems afterwards. If there is evidence of your work eg emails commending your performance etc then get copies of those too. Also all the correspondence and documentation around mat leave and return to work.
Even if the consultation is a sham, treat it as an opportunity to try and convince the employer it is not necessary, put all arguments in writing and keep copies of all emails and replies (eg forward emails to personal email address). On the face of it you could have a strong case for sex discrimination if you are made redundant so collect as much evidence as you can. I hope this helps, I know it is a horribly stressful process to go through, but try and approach it logically and objectively and be very persistent. If you are made redundant you should appeal if given the opportunity, and ask for an appeal if not. It may also be worth seeing if local solicitors offer free half hour consultations about employment issues (make sure you get one who works for employees not employers). If you do get made redundant they may be willing to help you pursue case to tribunal afterwards for compensation.

If I was in your shoes , I would make this as uncomfortable for them as possible with the sole aim of getting the best redundancy package possible. I would question their choices given that you have more experience in the role.

I would discuss absolutely nothing with your co worker. If Management are supporting her, she could be in their ear.

Yet another one not in a union. Folks, join a flipping union. They can't always save your job but they can advise and help and push and give you ideas about compensation and terms of notice that you would never think of by yourself.

Join. A. Union. Today.

Sorry, OP. it sounds dodgy to me. Do you have any kind of legal insurance with your household insurance?

Good luck in the meeting today OP. Listen and learn. Note down all the answers to the questions suggested above. Send an email afterwards outlining our understanding of the meeting. Take your time. Ask for more time to prepare if you need it.

Seriously, I am so shat off by mincy-mouthed employers who use "the current climate" and "the downturn" and whatever has been going on for the past 40 neoliberal years to get workers (especially mothers) off their books.

^ this

Great advice on here. Take someone with you (dressed uber-smart). If not, make it a point that you have been unable to bring anyone due to the late notice.

Stay calm. Ask lots of probing questions. Get it written down. Make it clear (without saying directly) that you know it's unfair and you are not going to accept it without a bit of a fight.

I had to do something similar a long time ago. I was much quieter back then so it came as a surprise that I fought back. On the advice of an HR friend, I used lots of lingo when I spoke. It was different but I would talk about 'fairness', 'benchmarking', etc. Also, I would also chuck in something about discrimination so that they know it is on your radar. Don't say it directly but infer that you are investigating whether this is situation is fair and if you have a case.

I had a good outcome but I think it was down to the fact that I made it clear that they were in the wrong and I was up for a fight.

These posts do make me sad. I do wonder if women have made any progress other than being expected to do it all now.