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Is this sex discrimination? Or am I just a fool?

9 replies

battyhatty · 02/02/2009 21:23

In July 2007 I accepted a job as a clerical assistant to an Officer at a University. The job was 18.5 hrs a week, term time only.

After two weeks in the job, the Officer was seconded to another area and I was left in the office on my own. I was told the Officer would be in the office for 7 hours a week, but this never happened.

I continued to do the job, and over time it became apparent that the Officer was not coming back. I was promised a grading review to reflect this at my annual appraisal the following May (2008).

In May I was told I had missed the budge meeting for my grading review, and I would have to request it in the Autumn at the next meeting.

In the Autumn I discovered there was no budget meeting, and so again requested that my position be reviewed.

I have finally had the decision last week that it's been declined.

I'm obviously very annoyed about this - although the job I accepted was this grade, this is not the job that I've been doing for the past year and a half.

And I find it very suspicious that the Officer was seconded away just two weeks into my new appointment, never to return - I feel I have been recruited by stealth to do his job at almost half his salary.

What do you reckon? I'm a member of Unison, so I'll be taking it up with them, but am I just a fool for going along with it?

OP posts:
plod · 02/02/2009 21:29

you are not a fool!!! You are a decent human being who thought that others would afford you the same courtesy. Keep smiling, you still have the job you applied for. Get looking for something else (not easy in current climate I know) and speak with your unison rep. I will watch thread, let me know how you get on. Good luck

scrooged · 02/02/2009 21:30

It's a hard one to say whether this is sex discrimination or not, you would have to show that you have been treated differently because you are female and you have lost out.

If you are doing the officer's job then you sshould be getting paid for it, however, you hhave to register any greivance within the three month limit for a tribunal to even look at it so you may have a problem here. It could look as if you have accepted a new contract by doing the officer's job for so long, the pay difference would not particularly matter as you technically have a new position. It's easy to go along with things in the hope they will get better. Have a chat with UNISON. They are a really good union.

smittenkitten · 02/02/2009 21:34

hmm, sounds like bureaucracy and incompetence to me, rather than discrimination. however, if you can prove that you have been doing work of equal value to a man, then you may have an equal pay claim. Unison will be well used to dealing with these claims, though you might need to speak to a paid official with experience, rather than a local rep. they should be able to help you put together a case for a grading review and get post dated pay if appropriate.

battyhatty · 02/02/2009 21:54

Thank you

I'll have to get on to the union tomorrow.

OP posts:
llareggub · 03/02/2009 16:13

Is there any reason why you feel you've been discriminated against for reasons relating to your sex?

lou031205 · 03/02/2009 16:21

I agree that this is not a case of sex discrimination, but downgrading a job. Happens all the time in healthcare.

llareggub · 03/02/2009 20:33

I'm not sure if the job has been downgraded or not, we haven't had enough information.

OP, has your job changed since the other postholder left? Have you taken on additional, higher graded duties and responsibilities or have you got a little bit more of the same to do? Are you doing your old job or are you now covering the other job? Is there a need for that other job?

I'd have thought that the university sector would have a formal job evaluation scheme. Are you aware of there being one?

southernsoftie · 05/02/2009 12:47

If you are doing the job of the officer (all of it, not just the easier bits) and the officer was male then you may have an equal pay claim. Llareggub is right, you need to find out if there is any kind of job evaluation scheme. To claim sex discrimination you need to show that you are being treated in the way that you are because of your gender but it seems from what you say that if a man had been appointed into your role he would have had to take on the extra duties in the same way so not sure you will be able to win that argument.

I suggest you sit down with your rep, make a list of the duties that you are doing that should have been done by the officer (as well as the duties you do that are suitable for your grade) and work out how much time yo spend on each - you can then be a bit more informed as to whether you may have a case for more money.

llareggub · 05/02/2009 13:53

I guess on the other hand, the officer might have been overpaid and the decision not to regrade your post might be to correct a historical wrong.

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