Quite sure there's nothing I can do but

[ninnynonny]

I have just left a job I loved after 6 years. I literally walked out at the end of a day last week and sent my resignation.

In a nutshell, I have 21 years experience in this sector and have been passed over for promotion 4 times i the past two years, each time to someone younger, less qualified and much less experienced.

It's very clear that senior management don't like me but I have, at all times, acted professionally around them and my colleagues. To rub it in, this promotion was a new post, suggested by me to do, to help in one particular part of the organisation, but it was turned down last year. The person who got it, is a particular favourite who started wingeing about overtime being cut and how were they going to earn more money. Suddenly the job reappears, them and me were interviewed and they got it. They don't even fulfill half the criteria. Is there any way at all I can get some kind of recognition that this is unfair treatment.
The post before went to someone 30 years younger than me with 1 years experience.

I get I may be coming across s bitter and twisted, but I really am good at my job and know (as everyone does) that I could do both of these (and the previous two) easily.

I have left now and really don't want to return but I feel they have 'won' and I'm really cross.

I know there is no evidence for Constructive Dismissal but is age discrimination even slightly possible?

Yes, age is one of the protected characteristics in UK law (so its unlawful to discriminate because someone is too old OR too young).

Did you get any kind of feedback at all after being passed over for these various opportunities?

Did they give reasons why the other people got the jobs over you? Experience and age doesn’t always equal better for the position as I’m sure you no, so it could be incredibly hard to prove.

Did you get any feedback? I’ve promoted more junior staff members over more experienced ones in the past because they brought more innovative ideas and had been doing more proactively in the team than others

interviews are tough because you never know how the other candidate performed however I have heard of people requesting their own interview notes so they can gather their feedback more directly you could approach her/recruitment on this

you could still put in a grievance even if you left

have you anything to support the feeling your seniors didn’t like you? This could also be used in evidence

You need to see an employment lawyer. You should be able to get a free first consultation.

Thank you. No real feedback to be honest, more about how my 'skills are better utilised by staying where I am'.
The not liking me thing is also hard to prove. At least 8 really good people have been cleverly managed out in the past year or so, just by management making things very difficult for them. They seem to have decided who is going to make the organisation run in a no-one speaks up way. It's hard to explain without outing myself but things have changed beyond recognition and all the new young staff are clearly being pushed forward. Not always a bad thing I agree, but in this sector, experience is actually really important. We have been terribly short staffed for so long - our level is rarely replaced for months -and I feel a little guilty as I know me going is really making things tough on the others, but I simply couldn't take any more humiliation.

I'm afraid the reality is that they can promote whoever they want provided they aren't using a protected characteristic as part of their decision making. They cannot refuse to promote you because of your age, but equally they cannot refuse to promote a younger candidate because of their age. This also means they cannot use the amount of experience someone has as part of their reasoning. The courts have found that this is indirect age discrimination as a younger candidate would not have had the opportunity to get as much experience. Your employer could not, therefore, promote you simply because you have more experience. Unless you have evidence that they refused to promote you due to a protected characteristic (age, sex, etc.), there is nothing you can do other than vote with your feet.

How do you know that the other candidate didn't just do a better job at interview than you did? Yes, they might have fewer years of experience but they might have made more of the experience that they have got? Or they might have better soft skills etc?

It might be discrimination but there is nothing in your post to suggest that really. Plus you have already resigned and you have already acknowledged that there isn't any evidence for constructive dismissal. It doesn't even sound as if you have been through any sort of grievance process.

I get that it must be frustrating to be passed over for promotion, but you might do better trying to learn from the experience and consider why your employer might not think you are suitable for those more senior roles, even though you think that you could do then easily. Perhaps there is something that you can work on which will improve your chances in your next role?

I know. It's just so frustrating! I was so determined not to be another casualty but they really are good at this!
What about not asking post relevant questions in the interview? They knew the other candidate wasn't able to fulfill half the criteria so didnt ask questions about them

The point that everyone is aware of, is just that this other person is favoured, always has been, and the interview questions were clearly very much aimed at their place in the organisation. So, of course they will have done well. As I said above, half of the criteria was not covered as they have never done it before .
The whole being passed over is honestly not me being unable to do it - it's my face not fitting.
However, over the past couple of days thinking - I'm at an age now where actually I've done the senior management stuff before so this has made me realise that I don't want the stress anymore! It just hurts that personalities are being taken above skills.

What was the reaction to your resignation OP ?

If you want to make a tribunal claim you will have to show that you have used internal procedures to try and resolve your issues with your employer first. Did you raise a grievance or formally question the recruitment process at all?

Immediately accepted. In fact, the offer straight away was leave now and we pay in lieu. My immediate manager was lovely - and I did have a rant -but no-one tried to persuade me to think about it

I didn't. I was too beaten down to be honest. Once too many.

I am thinking about just sending an email stating that i am a little confused as to why half the criteria was not covered in interview but I'm not sure if I can be bothered. Sad is my main emotion at the moment

Look, OP, I don't know you or your colleagues, so I can't possibly judge the situation. You might be right and this might all be really unfair, but your employer might also have very valid reasons for having made the choice that they made.

I'll be honest with you. I have sometimes promoted less experienced people with fewer technical skills on the basis of personal traits that you might describe as "personality". Sometimes it is about potential and the ability to learn/progress. I have had some very experienced staff with excellent technical skills who are just unable to work effectively with other people, for example. Or others who have been incredibly negative towards any sort of change or development, and who put obstacles in the way of every new initiative. Or others who put more effort into explaining why they haven't been able to do stuff than into actually doing it etc etc.

In my experience, it's easy for people to acquire new experience or learn new technical skills, but if there are fundamental problems with their attitude, with their approach to work or in their relationships with colleagues, then it can be extremely difficult to "train" people to change those basic personality traits, and no amount of experience or technical skill can compensate for that. And more often that not, the staff who have those negative personality traits are very often lacking in awareness about the impact that they have on other colleagues or on the organisation as a whole, so it can be very difficult to make them understand why they are not progressing.

I'm not saying that this is what is happening in your situation, OP, as I obviously have no idea. I am just trying to suggest an alternative way of looking at it that might be helpful to you if you are willing to reflect on it.

It seems as if they might have wanted you out. It’s possible.
Whether it is age-related is unclear.
i am sorry that you’re going through this OP

Not sure if that was very clear. My main point is that I can work with an employee to address gaps in their skills and experience, but it is usually much more difficult to address personality traits that might have a negative impact on how they work. So considering personality in the selection process is not unreasonable in my view.

Nothing is to be gained from sending an email. It’s very very easy for them to come up with a reason why they think the other person was a better fit, and that includes development opportunity.

the fact they have not promoted you and didn’t try to talk you out of it, sadly means they do not rate you at the same level as you rate yourself.

the question you need to ask yourself is why? Why can they not see your potential. Why can’t they recognise your ability? You say they don’t like you, why is this, why does your face not fit?

leave this one be now, there is nothing to be gained any more, it’s done, but thinking through these things is important for your next role.

some companies just suck, and poor management is what causes that. And when that’s the case you’re better off out of it. But sometimes it’s the employee doesn’t recognise their own limitations and feels an entitlement to progression.

@Mumwantingtogetitright: I totally get what you're saying. In my defence, I was really well liked and respected by almost everyone and no-one would ever accuse me of being negative. By 'personality' I meant more that this person sucks up, for want of a better word, and loves to tell everyone how great they are. When it comes to actual vital admin, they are not so good - and that's really very important.

I get I'm sounding bitter and jealous but honestly, it's just really sad and seems very unfair. The last promotion was given to someone about whom everyone said 'What??! Why?!!' so honestly, I know the place and their mad plans.

Yes, I'm angry as I really loved that job - doing anything about it though -no I accept I can't

If you knew me, you really wouldn't think I have an entitled attitude, honest!! It's genuinely about them wanting a certain kind of yes person to fit in. My ides and suggestions, which then turned out to work, were good and positive. I just don't understand it.
I will move on and try to remember all the good I've done over the years.

Totally agree, sometimes it’s about development potential, ability to collaborate, go the extra mile, ability to learn, attitude etc. all these things are soft skills and not the hard skills the op refers to.

it’s hard to tell in this if the company is shit, it’s age related, or if the op lacks softer skills.

So you just walked out and tended your resignation. Have you spoken to your line manager or HR about your grievance? If so, what happened at the meeting.

The thing is, you do get capricious managers who have irrational likes and dislikes amongst the staff. Or cultures where people are promoted because of who they socialise with, or worse, because of who they're shagging on the side.

In most cases, though, it really isn't personal. The vast majority of managers just want people who are going to get the job done well without causing loads of problems along the way, ie people who will help the organisation meet its objectives and contribute to a positive working culture. Ultimately, having good staff who are doing a great job is what makes the managers themselves look good to those above them, so there is rarely a benefit in losing a really competent member of the team or promoting an incompetent one. That just creates more headaches for the manager in the longer term.

For me, it really isn't about who I like or don't like. It's about who I think will give me the best chance of getting the job done. And that might not always be the personal with the most experience or the best technical skills.

X post.

It may be an issue with the organisational culture too. I have certainly worked in organisations where it's all about self promotion and telling everyone what a great job you're doing rather than actually doing it. Those environments are toxic imo, and unless you're willing to play the game, you will never progress on merit alone. It might be that that's what is happening here, in which case you're better off out of the picture.

See a solicitor experienced in employment law. Call ACAS and age concern. They have skills in age discrimination