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Unfair treatment at work

20 replies

Moosehat · 22/03/2021 15:09

[LONG POST ALERT]
I have been working for my employer since 2013, and for personal reasons I had to move to a part-time working pattern in 2017. For most of that time, I was working as a Technical trainer for clients, fully utilised, receiving great client feedback and gaining a reputation within the industry for delivering excellence. The work that I did directly resulted in many instances of repeat business for my employer, and continues to do so.

At the end of 2019, the company decided to close the training dept. and absorb it within a new OCM practice within the business. Myself and another colleague in the training team transferred across. It was acknowledged at the time that there would be a period of upskilling required to fully move us into our new roles and we were assured that this knowledge transfer would be done during the 'ramp up' period of the new practice.

Initially, the transfer went well. My new Manager seemed pleased with my work, and regularly referred to me as an 'overachiever'. I signed a contract for the new role in February 2020 based on my part time hours and my Manager even waived his right to a 'trial period' on the basis that the work I had already been doing for him rendered it unnecessary.

Then the COVID pandemic struck. This drastically reduced the opportunities for the new practice and the business in general to win new work. As a result, a decision was taken to make some redundancies and I was one of the people whose role was at risk. It was cited at the time that I had been selected because my part-time hours were not appropriate for the business. I challenged the redundancy on grounds of Unfair Dismissal and Gender Discrimination and my employer eventually rescinded the redundancy. Although I never pursued tribunal action nor even threatened it, I had plenty of evidence to support the claims and the company were aware of this.

That was a year ago, and since my return to work I have been consistently treated unfairly. Client facing work that I am capable of fulfilling is routinely given to other members of the team, whereas I am relegated to 'internal projects' and low profile work. I have been set developmental targets that I cannot meet without doing the development in my own time, whereas other (full time) team members with the same targets have been allocated time within working hours to develop their skills. My workload is impossible to deliver within my part-time hours, and I have found myself regularly working outside normal hours in order to meet deadlines. This is noticed, but not appreciated. We have regular team meetings where every member of the team is praised for their contribution, except me. I recently delivered a small training project for a client that received incredible feedback. I forwarded this feedback to my Manager who has not even responded to the email, much less acknowledged that I did a great job!

This is starting to take it's toll on my mental health and wellbeing, as well as my confidence. It's also starting to impact on my personal life, as of course with the pandemic, my home is now my workplace. Yet conversely, I am also dreading a return to post-COVID normality, as it will probably mean that I have to deal with my manager and employer face-to-face on occasion, and the thought of that literally makes me feel nauseous. I already have an anxiety response when I see that I've received an email from my manager.

I feel trapped in this situation and don't know how to turn it around. I need to work as we are still paying off our mortgage, but my options for alternative employment are somewhat limited. I am a woman 'of a certain age' who needs to work part time hours, and those two factors alone limit my options for alternative employment. When you factor in the pandemic as well, then my options look very limited indeed.

Any advice you can give would be very gratefully received.

OP posts:
workoholic · 22/03/2021 18:15

Is it possible to get a job doing something completely different to suit your hour needs better? I am guessing they are treating you this way to prove a point... let them drive you out. Due to the service you've put in you should get a decent tax free pay off...

workoholic · 22/03/2021 18:15

Also - if u are working more hours, then get your hours increased - may as well get paid for it.

Inthevirtualwaitingroom · 22/03/2021 18:17

if you have part time hours surely you should work those hours, no more.
perhaps you need a meeting to confirm your limits.

DicklessWonder · 22/03/2021 18:18

There’s no such thing as Gender Discrimination. The protected characteristics are Sex and Gender Reassignment (plus race, age etc).

If you’re going to shout about your rights, it’s usually best to know what they actually are. Wink

ShipOfTheseus · 22/03/2021 18:20

@workoholic

Also - if u are working more hours, then get your hours increased - may as well get paid for it.
You can’t just choose to increase your hours. And it sounds like the company would say no.
WisteriaSuperior · 22/03/2021 18:24

Contact your union.

Moosehat · 22/03/2021 18:46

@DicklessWonder

There’s no such thing as Gender Discrimination. The protected characteristics are Sex and Gender Reassignment (plus race, age etc).

If you’re going to shout about your rights, it’s usually best to know what they actually are. Wink

OK. We can split hairs if you like. Sex Discrimination it is. Which is, as you rightly state, a protected characteristic.

But the point is, I was aware of my rights. I was maybe not totally aware of how those rights are labelled off the top of my head ....but nonetheless aware. And it is prohibited under UK Employment Law to enforce redundancy and state that a persons requirement to work flexibly was a significant factor in the decision.

OP posts:
Moosehat · 22/03/2021 19:03

@workoholic

Is it possible to get a job doing something completely different to suit your hour needs better? I am guessing they are treating you this way to prove a point... let them drive you out. Due to the service you've put in you should get a decent tax free pay off...
I'm trying hard to find another job, but I'm an older woman who needs to work part time hours. Those two factors alone would limit my opportunities (no matter what the Law says). When you throw Coronavirus into the mix and the impact that has had on the job market, then my options look very limited indeed. I'm sure I will get another position eventually. My concern is...how do I handle things between now and then without going completely insane!

Also, I can't actually increase my hours. I've been able to work more hours only because the kids were not at school. but now that they're back, I can't do it any longer. (Its a long story)

OP posts:
GoddessKali · 22/03/2021 19:09

Stand your ground, document absolutely everything, inc the meeting remarks praising others and not you, no response to emails etc. Record any meeting you can, even if it’s audio only via your phone etc.

I’d be preparing to launch a bullying claim against them, they’re pushing you out.

In the meantime I would do my absolute standard work in the allocated time - not a minute more!

Deedyn · 22/03/2021 19:23

How unfair of them OP!
You are doing a great job, you work hard, put extra time in yet somehow it’s just not good enough. Finding alternative employment can be hard, especially now. Record everything that happens should things slide even more.

DicklessWonder · 22/03/2021 19:40

OK. We can split hairs if you like. Sex Discrimination it is. Which is, as you rightly state, a protected characteristic.

Sex and gender aren’t the same thing in law or anywhere else. It’s not splitting hairs to point that out.

But the point is, I was aware of my rights. I was maybe not totally aware of how those rights are labelled off the top of my head ....but nonetheless aware. And it is prohibited under UK Employment Law to enforce redundancy and state that a persons requirement to work flexibly was a significant factor in the decision

Given that needing to change working hours is a valid reason to consult on redundancy, what you say is not true. I presume you are coming from the angle of indirect sex discrimination but working flexibly is not a characteristic of either sex. If you only want to work days and your employer is switching to nights of course you can find yourself out of a job.

(This is only my bread and butter work. Don’t worry about trying to teach your grandmother how to suck eggs.)

DicklessWonder · 22/03/2021 19:41

@GoddessKali

Stand your ground, document absolutely everything, inc the meeting remarks praising others and not you, no response to emails etc. Record any meeting you can, even if it’s audio only via your phone etc.

I’d be preparing to launch a bullying claim against them, they’re pushing you out.

In the meantime I would do my absolute standard work in the allocated time - not a minute more!

I presume that’s an unqualified opinion post. Recording meetings without permission could be gross misconduct.
GoddessKali · 22/03/2021 20:14

I didn’t say to share it - you can then use it to transcribe what was said during the meeting to write a diary account of events.

Moosehat · 22/03/2021 22:20

@DicklessWonder

OK. We can split hairs if you like. Sex Discrimination it is. Which is, as you rightly state, a protected characteristic.

Sex and gender aren’t the same thing in law or anywhere else. It’s not splitting hairs to point that out.

But the point is, I was aware of my rights. I was maybe not totally aware of how those rights are labelled off the top of my head ....but nonetheless aware. And it is prohibited under UK Employment Law to enforce redundancy and state that a persons requirement to work flexibly was a significant factor in the decision

Given that needing to change working hours is a valid reason to consult on redundancy, what you say is not true. I presume you are coming from the angle of indirect sex discrimination but working flexibly is not a characteristic of either sex. If you only want to work days and your employer is switching to nights of course you can find yourself out of a job.

(This is only my bread and butter work. Don’t worry about trying to teach your grandmother how to suck eggs.)

Look, I really don’t want to get into a long winded discussion about this.

You seem keen to prove a point, and by your ‘bread and butter’ comment you imply that you have experience in the field of employment law . That’s is completely awesome and I’m very happy for you!

But you are focussing on things that happened over a year ago and actually those things are just backstory - they are not what I need help with right now. Suffice to say that I took - and paid for - legal advice from qualified professionals at the time and was suitably advised on the strength of my claim against my employer. And based on the evidence I had, I most definitely had a claim against my employer and a legitimate discrimination claim was certainly a part of it. Sorry if I don’t have the finer details of that claim nailed down for you, but like I say it’s backstory and is only relevant in terms of how it might affect my current situation. Frankly, that ship has sailed.

I don’t know if it’s deliberate, but you are missing my point entirely. I genuinely don’t want to get into a long winded discussion with you about legal technicalities, because not only does it feel like a huge p*ing contest, it is not what I need help with. Seriously buddy, I’m worried about my mental health here and you want to argue with me about the finer details of UK employment law?

I’ve reached out to this forum for support, and many have given their their time and thought to try and advise me about what I could reasonably do to help my situation. I really appreciate their kindness and their efforts and I would much rather invest my time responding to them instead of trying to justify details from previous posts that are not relevant to the main question. Please stop trolling this thread with irrelevant one-upmanship.

OP posts:
Moosehat · 22/03/2021 22:35

@GoddessKali

Stand your ground, document absolutely everything, inc the meeting remarks praising others and not you, no response to emails etc. Record any meeting you can, even if it’s audio only via your phone etc.

I’d be preparing to launch a bullying claim against them, they’re pushing you out.

In the meantime I would do my absolute standard work in the allocated time - not a minute more!

Thanks GoddessKali.

It does feel like they’re trying to push me out and it’s insidious because it’s killing me emotionally and psychologically. I literally feel like I’ve been punched in the soul sometimes.

I know instinctively that their treatment of me is not healthy, despite also knowing that my manager is not a bad bloke. But the company I work for is toxic, and he has been infected by that.

I have started to document stuff. I will record meetings when I can (I always ask permission first, but on MS Teams you can’t do it secretly anyway). You’re right, I need to start gathering evidence.

OP posts:
Moosehat · 22/03/2021 22:53

@DicklessWonder

OK. We can split hairs if you like. Sex Discrimination it is. Which is, as you rightly state, a protected characteristic.

Sex and gender aren’t the same thing in law or anywhere else. It’s not splitting hairs to point that out.

But the point is, I was aware of my rights. I was maybe not totally aware of how those rights are labelled off the top of my head ....but nonetheless aware. And it is prohibited under UK Employment Law to enforce redundancy and state that a persons requirement to work flexibly was a significant factor in the decision

Given that needing to change working hours is a valid reason to consult on redundancy, what you say is not true. I presume you are coming from the angle of indirect sex discrimination but working flexibly is not a characteristic of either sex. If you only want to work days and your employer is switching to nights of course you can find yourself out of a job.

(This is only my bread and butter work. Don’t worry about trying to teach your grandmother how to suck eggs.)

But actually, if you genuinely do have knowledge of UK Employment law, then I would be really interested in your thoughts around my current situation.

I’m not interested in arguing the specifics of what happened last year. I may/may not have had a legitimate claim against my employer....right now I don’t care. That was then and this is now.

I want help with my position NOW.

If you have legal expertise in the field of UK Employment law, I would welcome your opinion. I apologise if I was rude previously.

OP posts:
Leftturnstraightahead · 23/03/2021 11:32

Moosehat - is that the way you normally ask for help, calling someone a troll? You need to learn better manners!

StrictlyAFemaleFemale · 23/03/2021 11:48

You say you got great legal support before - why not talk to them again?

workoholic · 23/03/2021 12:01

If you feel trapped, then you should look for a new job / alternative career in the long term. You won't magically become best friends with your boss overnight what happens. If you can't see them leaving and no where to go internal, you are best just to go for your own sanity.

Nekoness · 23/03/2021 13:07

Not sure why you think what happened “then” doesn’t affect your “now” and I’m not even sure what help you’re looking for, when you’ve already retained a solicitor to advise you. Surely they took you through what might happen.... and here you are?

They told you “part-time hours were not appropriate for the business. ”

You raised a stink and got yourself a solicitor.

They dropped it and now you’re complaining they’re demonstrating why part time hours don’t work for the role.

You need to start looking for a new job.

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