More is DH being unreasonable?

[McSteamyorMcdreamy]

DH works for a company or a particular religious persuasion.

Despite being the right person for the job he keeps being passed over for promotion with his company employing people from the same religious group.

DH had spent weeks fixing new employees mistakes and has now turned round and said "fuck it".

Company is now losing Ks of money because what he is doing is wrong and he is now on disciplinary because he "isn't doing his job"

He is doing his job. He just isn't fixing the shit that the unqualified individual isn't doing right in the first place. He's also been asked to train the guy.....with no benefit to him whatsoever.

He has done it through bitterness (which to be fair, for once I actually get). But surely they wouldn't have a leg to stand on of it went to an employment tribunal for unfair dismissal??

Please let me know you thoughts.

Well I'd document it in writing for starters, perhaps even raising a grievance.

However, it all sounds terribly odd without understanding the detail and whilst DH may have a good case for discrimination in an ET what would he stand to gain? This company sounds toxic and I'd personally get the he'll out !

@Sodndashitall I think it's because if DH stands his ground he will ultimately get fired due to the nature of the company.

Is he supposed to check the work and make sure it’s right, especially if it’s wrong by someone he has been responsible for training?

At my company if someone started on the same level or lower than me I’d be expected to pass on my knowledge and support them in their role. This could include checking their work. It’s standard for colleagues to support new to role employees and not get any benefit for it. Other than being able to say they did it.

Unless training the employee means your partner loses money then he should be supporting the colleague. For example if he was paid on his productivity and couldn’t be as productive while training the new colleague.

Being overlooked for promotion is a separate issue and he should take this up with HR.

So DH should look for other jobs. Better to leave than be pushed. If he's on a disciplinary then they are starting the push process.
Just get out but file a grievance just in case

He isn't supposed to be training.

His job description doesn't involve training someone who is at a higher level than him.

I can't imagine going for a promotion due to my experience and then have someone who has no experience in the job, but getting the job based on religious leaning and then having to train them. How demoralising would that be?

Agree that’s really shitty.

@TheSnowyOwl

He should check it, but he shouldn't be responsible for amending every single job that comes through by someone paid upwards £10k more than him.

Doing a job that DH put himself through 6 years of extra college tuition to get the qualification.

He should just get a new job they clearly don’t value him. Also he can sue them for religious discrimination if he has proof that’s why he’s passed over for promotion.

If he's being discriminated against on religious grounds then he definitely has grounds to fight

Your husband needs to read the writing on the wall and find a new job. There's no future in the one he has now.

Agreed. But why should he put up with it??

What is your answer then? He shouldn't put up with it, and that's why he needs to leave. There really isn't another option. He can file all of the grievances he wants to, but it isn't going to make his working environment any better.

Just on the legalities as far as I can tell he hasn’t been dismissed so therefore there is no unfair dismissal. Or do you mean he is going to resign and claim constructive decision?

If so, on what basis would he claim constructive dismissal? If you mean by being overlooked for promotion then would he have enough information to demonstrate that this is due to his religion? And if so, has he raised the matter within the legal timeframes, which is three months since the incident.

The rest does not sound like grounds for constructive dismissal. Refusing to train a new recruit because it is not in his job description is not going to fly. It is normal to have to help new employees, with showing then things and maybe performing extra checks. I have gone in as a Head of department a number of times and had to sit with more junior staff whilst they show me what they do so that I can familiarise.

The company can deploy him as they see fit as long as it is reasonable and legal. Training new employees on a process that he is experienced and knowledgeable in is a reasonable and legal expectation. It doesn't really matter that it wasn't in his job description before, because his employer does consider it to be part of his role now. I would start looking for another job.

He doesn't need to
Option 1: raise a grievance and go through the process and end up in an employment tribunal. Lots of time and angst and an unfair dismissal payout (1 year payout max award I think)
Option 2: find another job and LTB and forget all about them

How does your husband know it's due to religion? Is it a religious organisation where people have to declare their faith?

It's illegal for him to be discriminated against with regards to religion, and that would include no religion. He should speak to ACAS first.

He needs to be job searching rather than getting into rows with his employers. I see his frustration but it's doing no-one any favours. He doesn't like working there, and he feels sidelined. I don't think tribunals etc are the right way to be thinking. Tell him to just hang in there till he gets a new offer. If he f's this job they could refuse him a reference? If he ends up on the dole for several months it could be ruinous for your finances, and the tribunal would just take up more valuable time which could be spent finding/ working in a much more satisfying job.

It can be either. I used to work for the YMCA, and their higher ups were all Christian at the time. Or, there's a cab firm near me and all the drivers are probably Muslim, from their names (and chatting with them).

He shouldn’t put up with it. He should leave and give his time and energy to a company who appreciates it.