Think employer is trying to 'manage' me out - your thoughts please

milliejo

I think you need to take legal advice asap to get advice on tactics . Most specialist employment lawyers will offer a free intial interview. It is also worth checking to see if you have legal expenses cover with your house insurance and if so give the insurance company a ring

cazziebo

milliejo wrote: »

I think you need to take legal advice asap to get advice on tactics . Most specialist employment lawyers will offer a free intial interview. It is also worth checking to see if you have legal expenses cover with your house insurance and if so give the insurance company a ring

At this point, the employer hasn't really done anything out of line. They have hired a new accountant, with a different job role as the OP says, and imposed tough targets. The OP hasn't given any other evidence of mistreatment - but has a strong feeling that she might be victimised at some point in the future. A first hour free lawyer is unlikely to be interested in this - there is no case to answer - at the moment.

The killer question is, is there enough evidence for the OP to raise a grievance? Right now there doesn't seem to be. But she should be vigilant and tread carefully.

CFC

I second Cazzie. At the moment the employer has done nothing out of line. They've just disappointed the OP, what with promoting someone else to the manager role, and not giving her the part time work that she wanted. OP has shown no evidence in this thread that would indicate she was being effectively managed out.

By the way OP, I am sure you will pass your finals; but unless there is an agreement in place to up your salary I wouldn't bank on an immediate large pay rise. I know that you have an expectation that will happen, but I think it will not. Employers currently have the most wonderful excuse in the world to avoid pay rises, with the financial climate. And you couldn't claim sex discrimination using the new FQ as a comparator, because he has been FQ for longer than you have and does, as you say, have different responsibilities.

However you should make a file note of all conversations just in case your gut instinct is right and you have issues later down the line.

ceridwen

Mummy_to_Lily wrote: »

The other problem I have is that if I leave the company I have to sell back my share holding (at the price I purchased) - they are likely to be worth between 30 and 50 times more than I paid, which could be a huge chunk off my mortgage when they sell up in a few years.

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I'm not up on whats what with higher-level jobs. I can see that you could be made to sell back your shareholding at purchase price if you leave the company - but have you checked whether they make a distinction between "leaving the company" (ie of your own free will - because you resigned) and being "kicked out of the company" (ie redundancy). I would have thought that being forced out meant you kept your shares as long as you decide to?? I may have got that wrong - but worth checking...

Mummy_to_Lily

Hi All - apologies for taking so long to reply....,

OK, I'll try and answer all of your questions briefly, in one go.....

"Incisor - Tell us more about the leaving conditions - what is a bad leaver? - are you free to sell to anyone right now [privately rather than publicly traded]?"

Unfortunately without being able to get my hands on the Articles, I can't define 'Good' and 'Bad' leavers however I believe you are a bad leaver if you leave the company of your own free will i.e. Hand your notice in or 'compromise agreement'...I think redundancy would be classed as a 'Good leaver'. If you are a bad leaver the company have the right to buy back the shares at the price I paid even though the value of the company has increased over the duration of the share holding.

Cazziebo -there has recently been a company valuation done as they have just done a new share option plan to include the new FQ Accountant. I don't however have access to the valuation unfortunately, but I have seen the share option papers and let's just say the excercise price is 25 times more than what I paid for my shares 2 years ago!! Which gives me atleast a minimum valuation I would have thought.

Milliejo - I have an appointment with a lawyer tomorrow (fixed fee initial consultation) just to get their opinion on the situation and where they think I should go from here. Thankfully, I do have legal cover under my home insurance so with a bit of luck thank will cover me later on if I need it.

CFC - No there is no agreement for an enhanced package on qualification, however I have always been given the impression my package would improve once qualified. Wouldn't "Equal Pay" come into play here if they don't increase my package? As long as I could demonstrate that our roles are of equal importance, I would have thought I'd have quite a good case??? Saying that, who knows..it seems to me you think the law is on your side but when you start looing into it there are so many loop holes the employer can squirm through, the employee is stuffed. Like the 'right to request flexible working' - what is all that about? Especially when no-one actually questions the business reasons for refusal, it's crazy!

I have nearly 2 years worth of 'Work Diary' as they have previous history of not liking 'part time working mums' - they got rid of 5 a few years ago in one go!! However none of them took it any further as they were all 'forced' into voluntary redundancy - one was actually on maternity leave at the time!!

I think my biggest problem is trying to second guess what they are up to. At the moment, I am trying to make it as hard as possible for them to do anything,...squeeky clean, no sickness etc etc

cazziebo

Mummy_to_Lily wrote: »

Hi All - apologies for taking so long to reply....,

OK, I'll try and answer all of your questions briefly, in one go.....

"Incisor - Tell us more about the leaving conditions - what is a bad leaver? - are you free to sell to anyone right now [privately rather than publicly traded]?"

Unfortunately without being able to get my hands on the Articles, I can't define 'Good' and 'Bad' leavers however I believe you are a bad leaver if you leave the company of your own free will i.e. Hand your notice in or 'compromise agreement'...I think redundancy would be classed as a 'Good leaver'. If you are a bad leaver the company have the right to buy back the shares at the price I paid even though the value of the company has increased over the duration of the share holding.
You don't need the articles. Good and bad leaver are HMRC terms. If you are dismissed or leave of your own accord = bad leaver. Redundancy (even on compromise agreement), retiral or death = good leaver (I run courses on this!)
Cazziebo -there has recently been a company valuation done as they have just done a new share option plan to include the new FQ Accountant. I don't however have access to the valuation unfortunately, but I have seen the share option papers and let's just say the excercise price is 25 times more than what I paid for my shares 2 years ago!! Which gives me atleast a minimum valuation I would have thought.
Depends on your articles, share agreement or trust deed. Unfortunately if it says purchase price then that stays. However, it's more usual to have an annual valuation - way more common
Milliejo - I have an appointment with a lawyer tomorrow (fixed fee initial consultation) just to get their opinion on the situation and where they think I should go from here. Thankfully, I do have legal cover under my home insurance so with a bit of luck thank will cover me later on if I need it.

CFC - No there is no agreement for an enhanced package on qualification, however I have always been given the impression my package would improve once qualified. Wouldn't "Equal Pay" come into play here if they don't increase my package? As long as I could demonstrate that our roles are of equal importance, I would have thought I'd have quite a good case??? Saying that, who knows..it seems to me you think the law is on your side but when you start looing into it there are so many loop holes the employer can squirm through, the employee is stuffed. Like the 'right to request flexible working' - what is all that about? Especially when no-one actually questions the business reasons for refusal, it's crazy!
Unless the person is recently qualified then equal pay doesn't come in here. Post qualifying experience (PQE) is a significant factor
I have nearly 2 years worth of 'Work Diary' as they have previous history of not liking 'part time working mums' - they got rid of 5 a few years ago in one go!! However none of them took it any further as they were all 'forced' into voluntary redundancy - one was actually on maternity leave at the time!!
Worth keeping note of, but be careful you're not looking for issues where there are none. A generous severance package can be quite persuasive
I think my biggest problem is trying to second guess what they are up to. At the moment, I am trying to make it as hard as possible for them to do anything,...squeeky clean, no sickness etc etc

Good. Just keep doing your job and try not to let this become too much of a distraction