Am I being discriminated against?

ailuro2

I'd take the redundancy money and run if I were you - your long term prospects aren't great with your current position - however, I would take it further up the company tree and let the higher management know that the current manager and her mate will not be doing half the work you do on your own at present, and tell them they can maybe give you a call once they notice the results slipping away.

You don't sound as if you're well paid at the moment, perhaps you'll end up in a better paying job? Don't let them grind you down, and I agree with taking a friend or Union rep (or a hidden dictaphone?;) ) to the meeting with you on Wednesday.

juicy83

Hi there

You are both completely right. Thank you so much for the advice.

I'm just going to go in there on Wednesday and try to remain as calm as possible. I can only do my best and if they still decide to make me redundant I know that at least I tried.

I'm not a member of a union and I can only take a work colleague, is that right?

I know it will be hard to prove the connection between my Manager and her views on my personal life but I will leave them in no doubt that my Manager has made my time there difficult.

At the end of the day I've stopped worrying so much because I can't do anything right now and I know they will still make me redundant.

Unfortunately the redundancy pay will not be a lot and I need to find a new job ASAP. Fingers crossed something crops up and quick!

ruear

I am not an expert on redundancy law but I have been through one and have also managed the loss of staff.
Firstly, redundancy relates to the role and not the person.

Therefore, one of two scenarios exist:
1) Your role is no longer required. If this is not the case then you should produce evidence why your duties are still required.
If more than one of you do the same (or similar) duties then a fair selection process should have been conducted whereby criteria should have been set (e.g. skills, flexibility, attendance, etc.) and all effected staff members marked against it.
The one with the lowest score is made redundant.

2) If no ones particular role is redundant (i.e. a general reduction in workload) then the manager should have examined the duties of the whole department and produced a plan of re-distributing the workload over the staff (less one).
Then, as above, a criteria is set whereby all effected workers are assessed and marked.

In your case, you state only you have been put at risk!

IMO you should attend the meeting with a "positive" attitude. Take a trusted work coleague in with you and ask them to take notes. Leave out the personal issues but ensure you mention that you have had issues with her - the manager - in the past so that it on the record.
You should ask:
- which of the above 1) or 2) apply,
- whether the manager believes all of your duties are no longer required,
- which criteria has been used and who else has been assessed (ask for a copy of the assessment sheet)

When you have this information you will be able to judge whether you have been selected unfairly or not.
This will help you to decide how to proceed after taking legal advice.

I do tend to agree with the other posters that you are probably best out of there but you now need to make sure you leave with the best package you can. If you eventually go for unfair selection you may get more.

More importantly though you should make this as hard as you can for the manager. This will not be done by going meekly.
The best course is by acting professionaly and demonstrating that she has handled the situation badly.

My experience is that most senior managers want their manager not to create situations that rock the boat.

It may be my mean streak but I would take the view "if i'm going then I'm gonna take you with me"

I know I have gone on somewhat but in short my advise is:
accept you are going but make it hard for her and try and bring her down also.

Hope this helps.

juicy83

Hi

Thank you for this advice.

I was told by my Manager that only my role is at risk. There are four of us in the finance team and only used to be three until my Manager decided she needed to employ someone to do the work that she dislikes. These were her own words. The thing that gets me is when this person was employed we had finished the year with a deficit so I cannot understand why she was employed in the first place when we should have been making savings. I'm talking about a £250,000 deficit which of course has now grown for this financial year.

What is also annoying is the fact that the main task this person was employed to do is what I have been studying! I cannot see why the the 'leftover' work was not passed to myself to do ensuring we saved valuable funds. Even though I have a heavy workload I would have welcomed this because it's practical experience for my course which I need.

The work that I do is necessary. I work to a strict deadline every month and have to ensure my figures are correct because these are then presented to the higher management team every month. Without my work the figures are not accurate. I feel that by getting rid of me and passing the work to this other person they are in fact giving her a purpose to be there. If they make me redundant they are not making my job redundant, I'm the one with the heaviest workload and my work will then have to be spread out to the other two team members.

I will be using what you have said, I need some answers and right now I feel that my Manager didn't provide me with any. I asked her if she'd told the higher management team what I do and she said that she had nothing to do with it and some people do not think I have enough work. If they are going by job descriptions then mine is seriously out of date because I actually do two other people's work as well as what is on my job description!

My Manager has been in several meetings though and I do not believe that she was not asked what jobs her staff do. She is bound to want to keep her close friend and the other girl. I am the only one who has ever dared to challenge her.

It is perfectly clear that my Manager has reassured the other members of the team that they are safe whilst going out of her way to let me know I am going.

I share the same view as you, I don't want to make it too personal but I want them to be able to see she has made the situation difficult.

I didn't know I was allowed to ask for a copy of the assessment sheet? That's handy to know!

juicy83

Hi

Just to keep you all updated. I asked who would be present at Wednesday's meeting and was told it would be just the HR lady and my Manager! I was surprised at this because I thought it would be senior management. To cut a long story short I have requested another Manager and the meeting has been moved to tomorrow afternoon at 3:30pm.

My Manager did not speak to me at all today, she completely excluded me from the conversation and she stormed out the room when she found out she would not be present at the meeting.

I have spoken to Acas, they were very helpful and said I need to make it clear I am taking out a grievance against my Manager.

I asked for copies of certain policies today and I was told we do not have a redundancy policy. It is clear they have not been following correct policies and procedures for certain things.

Fingers crossed it goes OK tomorrow. I am so so nervous but I know I have nothing to lose and have to give it everything I've got.

Paparika

best of luck Juicy, if they want to play funny games let them, make sure to take full advantage of your gardening leave.

jetski690

All the best for tomorrow Juicy, I've been following your story with interest and I'm sure everyone's who's read the thread are all rooting for you. Good luck girl.

suekjw

Good Luck Juicy. I would also (without going into detail) mention that you have taken advice on this and want these questions answered - they needn't know the advice was from MSE!

ekkygirl

Good luck for today, I have followed your story and hope that you get a result. I hate when things are unfair and this sounds like a nightmare for you

hjb123

Juicy,

Hope all goes well for you today