Take over a job

[eskymos]

Hello. I need a help how to prepare for investigation. I put a formal complain about discrimination at work. I will try to describe it as easy as possible.
A new coworker show up on my department, person didn’t get the job in official way, not applied for it, not a proper worker for my department (helper when busy time). Have been moved to work with us only because need to be separate from supervisor on that person department (private relationship between them).
How I have been informed moved to “learn new skills”. Since the person start working with us most of my duties was took off from me. I am working as stock controller for 7 years, the person is in company 3 months.
We are to be assigned to different departments (section of the warehouse) to make sure the service level is high as possible.
I am sending as a “helper” to other stock controller when that person running the department on its own. I tried to make complain to my supervisors but I have been said “do not take it personally”.
In my company to get a job as a stock controller you have to applied when the vacant available. Nothing like it had happened.
I am afraid they will try to proof I am overreacting and the situation is temporary and no need to put in as formal complain. I wish to be ready for investigation to show them that is unfair, that I am overlooked and discriminated.
also the person not as good as me to do my duties, don’t have enough skills and experience. Thanks for any suggestions and advices.

Do you still have your job though? It sounds like your job hasn't changed...you have the same pay and title and responsibilities

What has happened with the other person might seem unfair but I'm not clear on how you have been discriminated against?

The company are allowed to change their recruitment criteria.

What have you actually complained about? I don't understand how you have been affected?

We always have helpers (called alert chasers) they have been put on our department when it’s busy, to help us, but never replaced us. Right now I am sending as helper when my basic duties are done by “alert chaser”, if you know what I mean. When I asked why I am not doing it they told what for, we have “the person” (don’t want to use the names).
I am feeling that my hard work and 7 years experience mean nothing.

What’s the discrimination?

I put it as “discrimination of my duties”.

With all due respect, I can sense your first language is not English, maybe that's why we are struggling to understand what the issue is exactly.

You still have your job and same pay as far as we understood. What you don't like is the fact that someone with little experience and that hasn't been in the company long has been given a similar position to yours, is that correct? That is discrimination, I'm afraid.

Let's say both of you were in line for a promotion and the job has been given to the other person, then maybe you would have a case. Otherwise I'm struggling to see the issue here other than unfairness. Stuff like that happens all the time but it's hardly discrimination

The person didn’t get the job. Is not worker of my department. Never applied for the job because there wasn’t any available vacant.

It should read "that is NOT discrimination"

As you figure it out English is not my fist language. I understand when you write that is not discrimination, but when I made complain and no actions had been taken, am I still available to make a complain about the situation?

I sense English is not your first language but that is not what the issue is here so it is not discrimination.
If they were not appointed properly, that is not your issue.
If your responsibilities have been changed without discussion with you, then yes, that is an issue to complain about but it isn't discrimination.

That is not discrimination, sorry.

You may not like that the way the person has given the job but that does not affect you or your job. Discrimination is something else entirely, you are discriminated because your race, religion or if you have a disability.

You can place a internal complaint because normal procedures weren't followed but that is not discrimination

Thank you for clear it to me. I made a complain also about how I am treated since the person showed up. Is more situations happened I just didn’t won’t to put all of them in the thread.

You're making no sense. There's no discrimination here. I suggest you withdraw your complaint and apologise. Your employer is entitled to change your responsibilities in this way and You're being vexatious. If you don't like it find a new job.

My department have 8 workers and only mine duties have been “cut off”, that’s why I make a complain.

Hi @eskymos - sorry you are having to deal with this.

Discrimination has a particular legal meaning. If you were to make a discrimination claim, you would need to show that you have been treated unfavourably due to a “protected characteristic” - you can learn more about that on the Employment and Human Rights Commission’s website here www.equalityhumanrights.com/en/multipage-guide/dealing-discrimination-employment
and here is the employers statutory code of practice www.equalityhumanrights.com/sites/default/files/employercode.pdf

Even if you have not been treated in this way specifically because of something relevant to a protected characteristic, the treatment you describe may still be workplace bullying, which can include things like having your duties removed with no reason, undignified or humiliating treatment, and so on.
ACAS is a very useful organisation www.acas.org.uk/discrimination-bullying-and-harassment and you can find helpful information there.

When you have read up on the relevant guidance and identified what claim you want to make, you can then file a grievance in line with your employer’s grievance process, and depending on the outcome of that, you might wish to take further action.

I have observed that Mumsnet is sadly not always great for advice on workplace issues. Unfortunately lots of people generally tend to dismiss bad or illegal employment practices as the employee being ‘too sensitive’ or a variation on that theme. But workers do have rights, and it is always important for us to signpost people to the EHRC and ACAS to get the best guidance.

Sorry @eskymos I understand what you mean now a bit better. The advice above seems very good.

Please ignore my earlier comment.

You have been very helpful, thank you.

Agree with PP, more like a case of bullying than discrimination.

Good luck, OP

Chill. You have less to do.