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Discrimination or Constructive Dismissal or neither - Advice needed ASAP

9 replies

RNBrie · 29/03/2018 15:06

This is long - so the summary is that I think I might have just been demoted after saying it wasn't financially viable to increase my days from 3 to 4 a week. The detail is below - I could use some advice asap on what to do next. TIA.

I work for a large multi-national firm and I am first rung management (there is one grade below me and two above me).

I returned to work mid way through last year after my third maternity leave to a role with no job title and lacking in clear deliverables. I work part time, 3 days a week. Officially I'm a "project manager" but I am not really managing anything.

Over the past couple of months, I have been asking for clearer direction, more responsibility and more career opportunity. My manager advised me that he was looking for a new role internally and that my department was having a "departmental strategy conference" in April and that it would be a good opportunity to increase my responsibilities. I said I’d be happy to up my hours to 4 days a week if that would make them more comfortable giving me a proper job – my manager agreed this would help, I also spoke to his manager who also agreed it would be easier to give me more to do if I was here 4 days a week.

Last week my manager announced he would be leaving after Easter and I would report to his manager in the interim period before the “departmental strategy conference”.

Yesterday I informed both my manager and his manager that it was not financially viable for me to return 4 days a week (tax implications of earning more plus additional childcare costs) and would like to discuss further – I said in my email that I would still consider it if I was given a genuine role that would further my career.

Today I was informed that the other woman in my team is being promoted to my manager’s role and that I will be reporting to her. We are the only people who reported to my manager, so her promotion is doing what she was doing before plus managing me. We are at the same management level in the company. No reference has been made to my email about my days.

I feel like I’ve been demoted directly after telling them that I had a problem increasing my days. I can’t work out if I am just annoyed that I’m now reporting to a colleague or if I really have been demoted – I’ve always reported to people in the rung above me, and now I am reporting to someone at the same level.

Before I had my first child I was managing a highly regarded team. Each maternity leave has left me in a worse position career wise and my current role is meaningless despite consistently positive performance reviews.

I am going away for Easter and won’t be back in the office for 2 weeks. Do I need to tell them before I go that I am not happy with the decision to change my reporting line the day after I indicated I was not able to increase my days?

OP posts:
flowery · 29/03/2018 16:29

I'm confused - how have you been demoted? Has your role changed, has your pay changed?

If a colleague has been promoted to replace your manager who is leaving, surely it is to be expected that you will report into her?

Have I missed something?

I get the irritation about the vagueness of the role, but I'm not sure this recent development is related to that - it sounds like a fairly standard promotion in response to a departure?

TwitterQueen1 · 29/03/2018 16:35

I'm no expert but I don't get the issue here either. How have you been demoted? Why do you think this is constructive dismissal and/or discrimination? I don't see it as anything. Your colleague has been promoted to the vacant managerial role. You changed your mind about the number of days you wanted to work. Neither of these are evidence of anything....

EveningHare · 29/03/2018 16:43

Not sure how you have been demoted

You have certainly been overlooked in the promotion stakes, however if the other person is full time that could be why they were promoted

Was the job advertised?

Emotionally I think You are totally justified in feeling pissed off to not have the option of applying for the position
Also I have been in the position of reporting to a former colleague and quite frankly it was awful - I handed in my notice as soon as I could

RNBrie · 29/03/2018 16:55

The demotion aspect is because my current manager (and all my previous managers) have been the grade above me. My colleague is the same grade - and her grade has not changed - so she hasn't been promoted as such, I am now just working for her.

The role was not advertised and I was not given the opportunity to apply for it.

OP posts:
flowery · 29/03/2018 17:34

If you are the same grade then you haven't been demoted. If I were your colleague I'd be kicking off at having been promoted without being put up a grade accordingly! But that means she's been poorly treated potentially, not you.

Is it usual to advertise roles internally where you work? Would you have applied for it?

RNBrie · 29/03/2018 18:27

Some roles are advertised and some aren't. We used to have a rule that all positions had to be advertised internally but I don't think that's the case any more.

I would have applied if only to see what happened. But I would never have been offered it as I'm part time.

I did email my boss asking to discuss it further and he's replied saying I misunderstood and he was merely consulting me on a potential org restructure. I'm at a loss now, I guess I'll wait to see what happens when I get back in the office.

I suspect I made a mistake accepting the role they offered me when I came back from maternity leave as it is definitely not what I'd been led to believe I'd be doing and no where near the level of responsibility I held before.

Thank you for your considered advice, it's certainly helped.

OP posts:
flowery · 29/03/2018 23:10

”I would have applied if only to see what happened. But I would never have been offered it as I'm part time.”

But presumably it would have been advertised as a full time role anyway?

I appreciate your frustration but I really don’t think you’ve been demoted I’m afraid.

lougle · 30/03/2018 23:48

"Yesterday I informed both my manager and his manager that it was not financially viable for me to return 4 days a week (tax implications of earning more plus additional childcare costs) and would like to discuss further – I said in my email that I would still consider it if I was given a genuine role that would further my career."

So you were basically saying that you'd only do a 4 day week if you were promoted?

You haven't been demoted in any way. There are 4 Grades, to illustrate. You are at Grade B, with Grade A below you, and Grades C and D above you.

You previously reported to a Grade C manager. Your Grade C manager has resigned. In his place, your Grade B colleague has been given a responsibility premium, a Grade B+, if you like, to take on the management responsibility as well as her normal work. You are still Grade B, as you always were. Therefore, you have not been demoted.

DairyisClosed · 30/03/2018 23:55

You've not been demoted. Your role hasn't changed at all. Your coworker has been given extra responsibility.

It's not constructive dismissal. Constructive dismissal as the term implies is when you are forced out of a job. You still have your job.

It is possible that there has been an element of discrimination but it would be impossible to prove. I would also cosier it more likely that you have been overlooked due to being part time/less experience as a result of maternity breaks rather than due to being a mother.

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