Employment litigation / law help - potential discrimination

[Lifeisgoingtoplan]

Without going in to all of the details, I am a relatively senior director for a large FTSE100 business and also have a long term health condition after covid (like CFS / ME). My work have been hugely supportive for the last year since my diagnosis and advocated for me to get better and flexed around me constantly. Until…

2 months ago my boss rang me and said there was going to be a company wide reorganisation and given my ongoing health condition the CFO (my boss’s boss) didn’t want me doing my new equivalent role in the new org structure. I asked specifically is there anything wrong with my performance and he said no - if I was able to get to the office more (I’m working under the guidance of my consultant and have OH adjustments in place) I would absolutely be mapped in to that role and they think I’m brilliant. Because I lead a large team (who are based in lots of different offices round the country) they don’t think it’s best for me or my health that I lead a large team.

Ive now had this conversation 4 times with my boss and twice with the CFO - all done over the phone so I have zero evidence of it.

Reorg was announced 2 weeeks ago and they have mapped someone not remotely with my skill set in to my equivalent role in the new structure and pooled me with another director for another role. There is also a 6 month Director role with no team (I currently lead a team of 35 people today). CFO told me the day before the announcement that his preference is for me not to lead a large team and thus move in to this 6 month role and that I have to agree settlement terms now under EVS and then vacate the business at the end of August if the role doesn’t get extended.

I have recorded 2 of these calls but know I can’t use them as I didn’t have their permission to be recorded but after the first 3 calls I knew where this was leading.

This reorg at director level seems to be happening under without prejudice conversations as there has been no consultation on it.

I have been offered 9 months salary as a settlement plus bonus, car etc but they’re effectively getting rid of me because of my health

But everything has been done via phone call, I have made notes after every call with dates and times and quotes but I’m just not sure if I can do anything here as I have no written proof. I have some WhatsApp messages that allude to it but it’s me saying it and my boss just responds with ‘call me’

Any employment lawyers / litigators with any advice before I instruct one and fork out £££

Im really concerned I’m going to leave with 9 months salary and then struggle to find a role that will accommodate my disability

Call ACAS?

Would second ACAS. Do you have legal cover with your home insurance?

You need proper legal advice, asap. I'd be asking for specific advice on the following, as I'm unsure, but think that while you can't use the recording, you can type it up as a transcript which is admissible as evidence. You would then send them the transcript, for their sign off as accurate, and when they dispute it you tell them you have a recording.

Your notes were taken at the time and so are contemporaneous and a valuable source of evidence. You can use these to produce a time line with what was discussed at the time.

A role or job is made redundant not a person. Make sure you have an up to date job description and try to obtain a copy of the job description for the equivalent role in the new structure.

I agree you need proper legal advice.

Realistically they have decided they want you out. Be pragmatic and focus on getting the best package you can. The evidence you have should strengthen your negotiation position.

It sounds like they are offering you a settlement agreement. If that is the case, you will agree to give up any claims (including discrimination) in return for the settlement and an agreed reference. There may also be other terms. The agreement is not binding on you unless you take legal advice, so you need to do so. A solicitor who specialises in employment law will be able to advise if their current offer is reasonable. As this is their first offer, it may well be possible to get a higher settlement. However, there isn't enough information here to determine whether the current offer is fair.

Contrary to what you think, the fact that they didn't know you had recorded the calls does not stop you from using the recordings at tribunal provided it is relevant. However, if these were what the law calls "protected conversations" (in essence, off the record discussions about ending your employment and paying you a settlement), you cannot refer to them in tribunal at all.

Covert recordings are frowned upon if it gets to tribunal but there is case law that allows them to be submitted as evidence if they prove discrimination.

Protected conversations are not protected if it has taken place because of a discriminatory reason.

That being said, is your condition confirmed as being a disability under the Equality Act, sat by occ health?

Honestly op. Maybe not what you want to hear but if senior management have decided they want you out even if you sue for discrimination and win It would pretty horrendous to stay there knowing they're waiting in the long grass for you to make a mistake.
I'd focus on getting the best settlement that I possibly could .
Sorry this is crap