Inequality

[drainsup]

Any employment specialists that can offer me some advice please? I'm a senior manager in a team of three reporting into a director. I had 10 days off due to depression in 2017 which I was open about. It wasn't work related. In my appraisal, which I didn't receive any negative feedback in, my director referred to my 'blip' in the year. Didn't think much of it but I now find out that my two male peers have been awarded extra holiday. We all have the same length of service. I was unaware of my colleagues good fortune but voiced a general concern about fairness given that I'm responsible for one of the areas that needs to build the new holiday elements. My director gave the game away by saying that there had been a regrading exercise and those assessed to be a tier 1 had been awarded additional holiday. I asked about the grading process and what I'd been assessed at but he wouldn't answer and said he needed to talk to HR and he'd been put in a difficult position and he would need to think about what my direct report could discuss with me going forward; he really only discussed the impact of building the new pay elements had on his workload, no confidential details of who. But I am responsible for this team so any attempts to undermine me like this is extremely uncomfortable. The context here is that there is supposed to be a focus on simplification of T&C's and fairness in the future and the new requirements are adding additional complexity, hence why I mentioned. I feel extremely aggrieved and feel as though my sick time has been used to assess me somewhat. I feel second rate and wonder why the only woman in the team has less holiday. Any advice for me as I am not sure I feel I want a future here any longer. For what it's worth, I inherited a holy mess when I came here. My director has consistently acted in a way to undermine my position by going directly to my staff which makes them uncomfortable. I by no means have resolved all issues under my control but unpicking 10 years of dysfunction with reduced resources does take time.

I can understand you feel annoyed that you seem to be treated unfairly compared to other colleagues but you don't have any evidence it's because of your absence or because you're a woman.

If you have an HR dept I would refer the matter to them in terms of finding out for certain if you have less holiday than other people and asking if that's in line with policy. Normally extra AL entitlement is given as service years increase, rather than as a random reward to individuals, but it may well be different in your company

I'd also think about your longer term career options as you may feel now's a good time to look at fresh opportunities and challenges. Sometimes long service loyalty in 1 role isn't always valued well.

It sounds like potential direct and indirect discrimination. If you have a disability and absence related to this disability has been used against you in a desktop assessment for promotion suitability, then you'd have a case. However, only a court could decide this ultimately, so you would need to take your employer to an employmeny tribunal.

First, speak to HR and ask for the scoring criteria. If they refuse, ask for it via a subject access request. You can have access to your scores, but not others under this procedure.

Exhaust the internal procedures first - grievance, appeal etc.

However, be aware that this is likely to cause you stress and you may be better considering whether this organisation is one you want to work for if they treat their staff this way and move on to a better organisation.

It is unfair, potentially illegal, if your suspicions are correct but proving this and getting compensation or the extra holiday may cause you to become unwell again so do think hard about it.

Thank you for replies. So we met up today and I asked about the grading exercise. He said it was quite an informal exercise and he wasn't fully aware of all of the criteria but I wasn't considered as senior as my two colleagues following this process. (He was cagey and uncomfortable when I pressed for criteria to help me understand this.) Hence they were awarded 3 days extra holiday but also because they would be taking extra responsibilities in terms of on call at weekends. I asked my colleague about on call and he'd not been advised that he would be required to do this so more inconsistencies. I have requested the records on the assessment of me but only been offered a chat tomorrow. I really don't want to stay here so for me this is about easing an exit.

I have a handful of direct reports of differing levels of seniority and could I see myself giving them different T&C's? No. Salaries yes but annual leave? I feel singled out and uncommonly upset!

If you are leaving anyway, I'd put in a full subject access request including emails that mention your name and initials. I'd also keep notes and a timeline of events: detail the inconsistencies with the on call nonsense too.

Put your grievance in, appeal if necessary (may not have the right to appeal if Ann ed employee by that point) and consider going to ACAS for an early conciliation process. Sounds very dodgy.

Pittcue, he's fuming that I'm challenging him. He is particularly bad at dealing with any type of conflict or difficult discussions. We announced redundancies last week and I was snowed in. I asked him to hold the meeting with one of my affected staff and he got someone else to do the meeting and then confided in me on Monday that he used the excuse that his seniority may have been intimidating to my staff member but really, he didn't want to upset anyone so delegated the task.

Well, that probably tells you what you need to know unfortunately. There's the principle of the matter, but also what it means for you in terms of reality in fighting it all the way to an ET. It's a shame as I would advise you had a potential claim and to get legal advice but obviously easy for me to say! I wouldn't be the one actuallh going through it x

Thank you again, Pittcue. It wouldn't get to an ET. It likely will be a SA. He won't have an appetite for a fight anymore than I have. As a person, I like him but he has been difficult to work for. I'll miss my teams however but I can't see a way past this. Thank you again for the advice and perspective xx