Discrimination case help please ?

[Mosman]

Ok so yesterday I attended a grievance hearing, I had outlined my concerns which were basically pushed back onto me and I was asked why I didn't raise these concerns at the time, why I hadn't documented and emailed them to my line manager who had the authority to fire me with a weeks notice I wonder.
Then the HR chick asked me if I had misunderstood, please resign and come back when your children are older and you can cope with the job. I don't think he could have been any clearer tbh.

So what would/should I do from here ?

I left the meeting stating that if I had to continue to be managed by him I felt I was forced to resign, but I feel forced to resign by their attitude trying to blame me for being bullied and harassed.

Can I do that ? I want to leave asap but have a months notice in my contract.

In your thread on Legal Matters you talk about suffering sexual discrimination within the first year of employment. Can you clarify how long you have worked there please.

For the benefit of others looking at this, on Legal Matters the OP said:

I'd finally had enough this week and called HR to resign and they understandably want to go through a grievance process to cover themselves no doubt.

My question is do I have a leg to stand on ? I was told to resign due to my children taking up too much of my time outside work hours of 8.30 -4.30 which he also wanted dedicating to my administration. HR told him off and to stop it, which he did not.

And if I do have a case, is it worthwhile pursueing and will the grievance procedure influence matters ?

Many thanks I don't want to waste peoples time going to solicitors if it's just going to add to the stress, it's been an awful experience.

I have worked there for just over 9 months.

I have spoken to a solicitor who was extremely unhelpful and suggested I went through the process and put up with their outcome whatever it was or left

What has been done/said to you?

Tbh the lawyer's advice is probably correct because s/he has all the facts and knows just how hard it is to prove discrimination claims. But without knowing more it's impossible to advise you further.

I know it's going to be really tough, his word against mine the just is that I've been repeatedly ask to resign due to being a mother.

Yes but what was actually said?

Just to be clear, the "advice" you were given in Legal Matters to resign without going through the grievance process and pursue a case for constructive dismissal was completely wrong. Apart from any other considerations you cannot make a claim for constructive dismissal until you have worked there for 12 months. Claiming for discrimination is another matter.

In order to get proper advice you really need to say exactly what has been done or said to you. Have they actually said "we don't want mothers working here so you will have to resign"? Or is that your interpretation of what they are saying? You talk about being told to resign due to your children taking up too much time out of working hours. Again, is this exactly what they said or is that your interpretation? Unless you give all the details any advice you get is worthless.

And I agree with KatieMiddleton that if you have been to see a solicitor who specialises in employment law, given them all the details and been advised that you don't have a case that is probably correct advice.

Resign and come back when your children are older otherwise you'll be sacked and never get another Job in the industry. Then went on to not sack me over a 6 month period, agreed in writing to a client that I am actually good at my job, 2 weeks later asks me to resign again because I am not committed to my role due to children.

The solicitor didn't have "all the details". It was a telephone conversation and they said to go through the process which is what I'm doing but I am not happy to accept whatever outcome the company deems acceptable and to put up or ship out.

You need to go through the process. If you don't and if you make a claim and are successful at the Tribunal, your damages could be reduced by 25%.

Ok, do I have to accept their outcome which is likely to be moving me with no damage for want of a better word to his career/position ?

No, you don't have to accept it. You can appeal and if you still feel aggreieved you could make a claim to an employment tribunal but without knowing the context of the comments it's difficult to estimate how successful you'd be. Statistically very few tribunal claims for discrimination succeed (there are a variety of reasons for this but it's sensible to know).

Also context is everything. If it's a case of all hands needed to get a business critical piece of work out (the kind that keeps the company going and people in jobs) and you cannot be contacted outside of work hours by phone or email to give some key information because you put family first; or you take a week off at no notice because your child has chicken pox and your partner "cannot taje time off work" then it's fair enough to have conversations about priorities and commitment IMO.

Those were just examples btw. I have no idea what the context was which is why I asked for more info earlier.

The context was as it stated outright asked me to resign because he doesn't think I can cope despite my performance suggesting otherwise and indeed his own admission. He's a loon basically

Then raise a grievance, ask for mediation or cut your losses and leave. Realistically those are your choices.

So you have had the grievance hearing and you are waiting to hear from HR with their findings. Is that correct?

I've raised the grievance. We've had a meeting.
If I resign will that then mean I cannot bring a case, that's the long and short of it ?

Yes BB

If you feel you can no longer work in your role due to sexual discrimination you can resign and claim sex discrimination. Without knowing the full details of the case I couldn't advise you as to whether your claim will be successful or not. You can also submit a claim whilst you are still working, you don't have to resign to claim sex discrimination.

Have HR responded formally to your grievance? And what were their findings?

Note - the 'could you have misinterpreted' line is to aim for the HR person being ablie to write 'x has admitted she could have misinterpreted' that was used in a case I knew about - a guy was asked if he could have taken something else (other than a suggestion you resign) from the line 'perhaps you could resign and we could pay you something' he said 'yes, if I was mental or deaf I could have got it wrong' and they wrote down 'x admits he may have misunderstood'.

This was used against him at tribunal - he won, but never forget who pays HR's wages.

You need help and accompanyment over this, please make sure you get some. And say 'I was not mistaken - a discriminatory statement was made to me' practice saying this as a broken record to any questions about this eg they may try 'could he have meant it as a joke?' - If you say well he could have but I didn't think so - again at this stage this will be noted as 'x admits it could have been a joke' . To answer that say 'I was not mistaken, a discriminatory statement was made to me'.

etc.. !

Sorry x post. Repost when you have HR's findings, you can't assess your options until you have their formal response.

I said on tape there's no way I could have misunderstood, I don't doubt it might have been meant well but it's not right it is ? And HR woman shook her head.

Sorry but I read your original thread and I still feel you're being evasive as to the actual facts. What was actually said and why. Otherwise nobody can give you the useful advice that you say you want.

I have stated exactly what was said, word for word.

Why is the mystery at the heart of all this.

What was the context?