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discrimination for being part time - advice needed (hopefully from someone in HR??!)

31 replies

angelonthetree · 11/12/2011 11:20

Hi, thanks for taking the time to read my post.

I have been at my (big blue chip company) for 7 years and have an impeccable performance record.

I returned from maternity leave in April to a new role at 3 days a week.
The role was fine (albeit rather dull as i am over qualified for it) until August when my manager left the company and I was 'inherited' by a new manager.

In my first conversation with this man he asked me to work full time (i said no). He then asked me if i could be flexible on the days i worked from week to week. I explained that i couldn't as my DS is in nursery and I only pay for the 3 days which I work. He asked me to get a full time nanny which i explained i couldn't do on my salary. He then got mightily pissed off and told me "i can't support your career if you're only prepared to work 3 days a week". It has since gone from bad to worse with me basically being sidelined from the team. He has refused to meet with me to discuss my performance and development since August and cancelled every 1-2-1 i have ever put in his diary to discuss these issues. Due to being sidelined I have felt totally left out of the team and had no interesting work as he says he needs people on the team who are full time. Added to this I was not given an annual review (cancelled each time by him).

I have since had a meeting with him (and others) about a work project rather than my career discussion where he just let rip at me, shouting his head off at me and saying he doesn't want me on the team.

I was even NOT invited to the official team christmas party. i know that sounds silly but it just confirmed i am basically being pushed out.

I am now at the point where I am so upset about all this. It has been affecting me really badly (can't sleep/always tired, crying uncontrollably a lot, constant headaches. I am pretty sure i could get signed off sick if i wanted to but that won't resolve the situation at all.

A few people have told me i could go for redundancy by basically saying my boss has effectively told me there is no place for me in his team. Also by letting HR know everything which has been said to me they may decide it is easier to pay me off than have to face a tribunal as I believe some of the things he has said/done are illegal.

I know i could try and get HR to move me to another role but I hate the company so much and want out now.

So, My questions:

  • Do I have grounds for threatening a tribunal?
  • When people get 'paid off' so companies can avoid tribunals do they effectively get made redundant? (I'm trying to work out the financial implications).
  • Is it even worth treatening a tribunal or should i just try for redundancy?
  • Any other advice about how to proceed?

I have made notes of all the incidences with my boss (dates etc) and in some cases there have been other people there.

To make matters more complex I am currently TTC. I have been for 6 months with no luck. I was hanging in there for the mat leave pay but it is so awful now I want out. I also wonder whether the TTC isn't working because I am so stressed and upset about it all.

Sorry for the long post! Advice welcome

Thank You

OP posts:
angelonthetree · 08/01/2012 20:19

I'm hoping some of the previous helpful posters are still around??

An update:
I was signed off at the start of the year with work stress and am expected back in 2 weeks.

I have written to a senior HR person requesting a meeting and have yet to hear back.

I have seen from an email which i was mistakenly copied in on that there is a meeting going on between the person who is one-down from my line manager and another head of department about me taking a role within her team. This is a team which i have always been clear I do not want to go to and has never been on my development plan. (and will ultimately still report into the man who consistently sidelined me). It's basically the place they put people who they don't want to lose but don't know what to do with.....

I imagine if they offer me this new role i have to take it or resign as on paper it's the same grade and salary etc but as it is a different role to my experience and current contract I don't know what right i have to say "I'm not doing that" in the hope of redundancy or a better role more suited to my background and career plans. Does anyone have any good links to employment sites or alternatively know of anywhere i can get a good consultation with an employment lawyer? I expect it's too much to ask for a free initial consultation??!!

Thanks so much in advance for any help anyone can offer.

OP posts:
StillSquiffy · 09/01/2012 10:11

All initial consultations with top notch emloyment lawyers are free...

If you need recommendations you need to tell us where in country you are.

Before I pile in, with more comments, could you let me know what outcome you want here, and whether it would be achievable (albeit with more enlightened bosses)?

angelonthetree · 09/01/2012 13:15

Hi Squiffy, thanks for replying. Ideally i want a new job in area where my skills and experience (and future career plans) are... I doubt this is possible though as they don't really do part time in this area so alternatively redundancy.

I am in south east london so London/Kent are my 2 big counties... recommendations would be fantastic.... thank you.

OP posts:
spottydogpencilcase · 10/01/2012 23:24

This reply has been deleted

Message withdrawn at poster's request.

spottydogpencilcase · 10/01/2012 23:24

This reply has been deleted

Message withdrawn at poster's request.

StillSquiffy · 11/01/2012 06:20

David Green at Charles Russell and Paul Daniels at Russell Jones & Walker are partners I have personally found to be very competent (though I didn't warm to either of them for some reason). Bindmans I have also found to be very good though I don't know the current partner.

It is normal to have a first free meeting with a partner and then do subsequent work with one of the junior team members, so make sure you are comfortable with the person they select to put on your case

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