Being managed out of a company

[Missmummy88]

So, it’s a very complex workplace. Youngish, inexperienced directors with outsourced hr support.

Throughout the last 3 years it has been an absolute rollercoaster. I have been a hardworking employee and there have been no problems with performance. I have only had positive feedback from management.

Then I got pregnant. And corona hit. And everything changed.

Just prior to corona they had employed a new girl - who was younger and well qualified and no kids! They then decided they couldn’t afford both of us and have decided to manage me out.

I know this because I have seen a set of emails not intended for me, which have come to my attention. The emails detail a plan to let me go on maternity leave and then when I return I would be offered a new job which is above my skill set (with no additional pay) and a change of hours, knowing that I won’t be able to take it and they are managing me out: it’s written exactly like that “We are effectively managing her out”

I’m currently on maternity but have already been given a job spec of my new role and been told to complete a skills audit.

I am not due to return for a few months.

Essentially what I am asking is - can I take these e mails as proof and take them to tribunal even though they haven’t “managed me out” yet?

Sounds to me like you need to let this play out then show your hand.

You haven't got a claim yet. However, assuming they do manage you out, you should use these emails as evidence.

You could call their bluff for the moment and email them saying "when I return, would it be possible to do X-Y-Z hours? [Exactly the hours they plan to give you]. It will tie in with my childcare cover better. Obviously it's no problem if not, I can absolutely make my previous hours work too." That should have them scratching their heads...

OP, their actions could amount to a fundamental breach of trust and confidence which is a breach of contract, or an anticipatory breach of contract, either or both of which you could potentially use in a claim for constructive dismissal. You do potentially have a claim here but you’d have to resign in response in order to bring it.

How did you see the emails? Did you retain copies?

A grievance would be the logical next step - pointing out that their actions are a fundamental breach of trust and confidence and that you feel your position in the company is now untenable.

Ohhhh OP.

Let it play out. Keep the emails. Then get yourself a decent employment lawyer or get your union involved.

Don’t stay there. They’re cunts.

If you resign you need to show the fundamental breach - the evidential burden is on you. If they fire you they need to show a fair reason and process. The evidential burden is on them. On that basis I'd not resign (at least not yet).

How much mat leave are you taking? You have the right to return to the same role or, if that's not available, an equivalent role.

You could do a DSAR to try and obtain more evidence. Ask for emails that mention you since going on mat leave.

This sort of situation has settlement written all over it.

Yes, i still have the emails. The complexity here is that the email trail also shows a high level of bullying towards another colleague. I mean really mean, name calling and sharing of memes, joking about her in derogatory fashion. This colleague also has access to the e mail trail - has resigned and will be taking them to tribunal. Once this comes to light, they will in fact find out that all employees of the company have had access to the email trail and may potentially change their tune with regards to the above. Having seen the way they have treated me and bullied my colleague I no longer want to work there.

@Missmummy88

God, that sounds terrible...

You may want to try mediation or arbitration? It's like going to court -- without the long wait and high fees.

This way you can come to a settlement that will be held up in a court of law. Better still, if you don't want to see your directors, the process can all be done by email.

I know a good arbitrator if you're interested...