To be livid with work- I’ve been moved dept and given pay cut

[TaylorNift]

With no notice -as of next week they want me gone

no improvement plan or disciplinaries (but new manager)

My family circumstances (4 kids) have been challenging the last year which they’ve been accommodating with - they’ve said a move would be better for them/me as I have have children and the hours their will better support my needs.

I do NOT want to work there. I’m shaking and so angry the way this was done. I was completely side swiped.
can anyone advise?

@TaylorNift, I take it you are not in a union? If you are, then get in touch with them straight away. They will deal with it and stop all this until you have been consulted with properly.

ACAS will indeed offer you some advice. The difference is that they will tell you what to say and do, whereas the union would do all that for you.

For you to be moved job because of underperformance is very dubious, have a look at your company's HR policies with how that type of issue if dealt with. If it is a restructure then you have to be consulted with, allowed to ask questions and there are timescales involved legally. They can't just move you.

The cutting of your pay is another issue as well.

Breath, try not to respond emotionally to anything.
Make sure you have the new "offer" in writing while you consider it.
Do not commit verbally or in writing to anything.
This sounds totally unfair and you can not be legally demoted for having children / family.

This sounds like an unofficial performance management issue - if you've been underperforming you should know not just hit with a sanction. Take a look at the disciplinary and capability policy if there is one.

Oh - and if they are saying they are moving you but when they are busy they are moving you back for 6 weeks - I've actually laughed out loud in a meeting when a manager said that to one of my members. They looked at me and I said "Apologies, I assumed that was an attempt at a joke. If my member is removed from her job then she will be NOT moving back into it just to suit the company."
They took it on board and a long story short the member stayed in her job.

There is clearly a breach of process - ring Acas

You might be surprised. My lawyer argued that the job they offered me wasn't 'equivalent and suitable', as they're legally required to offer, because it involved working different days and a longer, less convenient commute. I didn't think that would be a strong reason but it was.

It sounds like your role is being removed, you are being made redundant due to performance issues but your colleague who does the same role is not.

That’s not unusual, companies do make roles redundant in place of supporting staff to improve in their roles.

Yes it’s not on the basis of sex, but maternal status is a protected characteristic. So I’d imagine that reference they made to her “family situation” would be quite clean cut discrimination

Ditto ACAS.

Where was she discriminated against in the basis of sex?
On being a parent yes but that isn’t a protected characteristic.

It's indirect sex discrimination - women are more likely to be carers, so any detrimental treatment of someone based on their caring responsibilities is more likely to affect women - therefore sex discrimination.

It's a pretty straightforward case and there is a ton of legal precedent to support this.

You need some urgent legal advice. Call ACAS, Citizen Advice or speak to your union if you have one.

Very silly of them to reference your 'family situation' as a reason or to claim that you are underperforming is there is no evidence that this is the case and this has never been raised with you.

Don't resign.

Ask for the policies and procedures they are following in relation to this. Email and say very politely that you were caught off guard at the meeting and would like to discuss.

Very similar happened to me. I was part time along with a few others, small business, a new manager came in and it was quite obvious they didn’t want part time staff anymore. I was the longest serving staff member. They said they needed to restructure and or make redundancies. I was offered a full time job role at a different site. They knew I couldn’t take it. It got quite messy and I said I would take voluntary redundancy. I met with a third party law employment specialist just to get some advice and they said I had grounds for constructive dismissal. I didn’t pursue it but I made it clear I was thinking about it. I got some extra money and left as soon as possible.

They tried to sweeten this by telling me when they’re at their busiest I’ll be temporarily moved over to my current role for 6 weeks. Madness. If I’m not doing my job though. Why would they want me at the most crucial part of the year?

do you have this in writing or just minutes of the meeting? Make notes of everything you can remember that was said in the meeting if you do not have minutes

In fact buy an a4 note book and keep a diary each day of what is said etc

may come in handy later on to look back on, if you do visit a solicitor or court

They're going to try and manage you out op.

Sounds like they haven't followed any process which puts them on dodgy ground. Get hold of the policies and see what they say about PIP.

I'm really sorry to read this, OP, sounds horrendously stressful for you.

You've had really good advice here, OP, ACAS is the way to go. Don't talk about this with your managers any more, let them give you information and make a note of it - but no more information from you to them. Keep quiet.

Try to look for anything that you've received from this company, any e-mails that mention your alleged 'under performance' and copy them to a stick (which you keep with you, don't leave in the office).

Keep your chin up, you've been in the job a while and there is due process to be followed in getting rid of employees.

@TaylorNift they can’t just spring under performing on you? Unless it just started, in which case they shouldn’t be at the stage of managing you out. Get professional advice. I’m sorry, you must be really hurt.

Look for another job and shove it up their arse.

I mean it is unusual given that everyone working the same role should have been given advance notice and been made to reapply for their job. i.e. treated equally.

You're in a strong position legally because you've been there more than 2 years and they haven't given you any official notice of anything. Definitely get proper advice.

Sounds very dodgy. Speak to your union Asap. ACAS isn't usually of much use. They just quote the law back but don't actually help.

Nothing in writing they are wanting a reply from me on Friday

This sort of thing can be grounds for constructive dismissal, but you have to take action fairly quickly or be seen as accepting the changes. Definitely approach ACAS or a solicitor.

This happened with someone I knew.
She was in and out of work during office hourse and alot childcare leave. Other team members had complained so she asked to change her working hours for a better 'work life balance' the change in working hours meant less money. I think it was that or she was told she wasn't meeting her daily tasks and they would sack her (she never exactly said)
Long and short.... she did this and now her kids are older and less dependant she has full role back.