Am I being discriminated against?

ruear

I think Toots and suekjw are spot on.
You should definitely see a solicitor for a free half hour session. (S)he will advise you if you have a case for unfair selection / dismissal.

I understand that you just want to forget about it, find a new job and move on - I know, I have been there.
However, you should concentrate on what is the best outcome for you.
This (IMO) is getting the best package you can from a company that has allowed one of its managers to treat you so badly.
You owe them nothing now!

Most of the hard work is done now. You have said that they have repeatedly apoligised for their manager's handling of the situation.
I would guess they suspect they have a weak case and may, if pushed, enhance your package to avoid you taking it further.

As Toots has said if you do not follow the correct procedure you will not have any recourse later on.

Try you luck, after you have your reference, what have you got to lose?

juicy83

Hi there

They've actually told me that my pay will only be the statutory pay as they cannot afford to pay me more so I don't know where I stand with that?

I think they are hoping I won't take it further but I think if I did I would lose as they've obviously researched their answers now.

I'm going to be moved into another room on Monday which will make it very difficult to do my work and I'll have to keep going back into the room to get folders etc. It's all a very uncomfortable situation to be in.

My work colleague said there is no point in appealing against the decision because they are not going to change their minds. I understand the answers to the questions they gave me but I still do not believe it is fair. It will be a matter of opinion as far as they are concerned and if you think about it getting rid of one person is not going to make much of a difference to a £300,000 deficit is it?! I do not understand the logic behind their decision but my work colleague said they are doing everything by the book now.

The only thing I think I've got to go on is the case against my Manager and I don't think they'll class that as unfair dismissal? Obviously I think it is even ACAS told me to tell them it was a done deal before my Manager even told me it was me at risk.

My work colleague said I have to be careful because if I kick up too much they may not give me a good reference but I didn't think they could give me a bad reference?

Paparika

Juicy you should be so proud of yourself, if you want to fight this then do your research, be 100% about it.

You are a very courageous person, a lot of us can learn a lot from you :T

juicy83

Thank you so much, what a lovely thing to say!

I've surprised myself actually, I'm a very shy person but at the end of the day I have to stand up for myself.

This has made me ill though!

kiddy_guy

Hi Juicy

I posted much earlier in the thread - same thing happened to me, and I did suggest that you were already redundant at that time - much as I'm sad to be right.

Much as you no longer want to be there, you have to now do the things to get the best result for you.

Firstly - get the HR policies, either from HR or your handbook, and make sure they are followed to the letter of the law. It sounds like your boss has made a few errors already, so you've got them hanging by the threads now. Most companies would rather settle than go to court over such a matter.

Secondly, you must re-iterate your claims of unfair dismissal. No company, especially a charity would want this to be put into the media.

Thirdly -seek specialist advice. Everyone on here will give you help and support, but even after redundancy, I'm not claiming to be an expert. Go and see the CAB, and get your free 1/2 hour with a solicitor.

Do not worry about a reference - I made a complaint, and subsequently got a better job, with a better company for more money. They CANNOT give you a bad reference - they can just give the standard "she worked here for x years" one, but that will never harm anyone - most employers now realise that large companies no longer do bespoke references.

You are being singled out here - why have they moved you to a seperate room? In doing so, is that not tantamount to recognition of an issue ? They realy are dangling here, so you need to push home any advantage you have. Screw them for every penny - do not just let it happen.

Debt_Free_Chick

juicy83 wrote: »

My work colleague said there is no point in appealing against the decision because they are not going to change their minds.

You must appeal otherwise any claim for Unfair Dismissal is weakened. Even if you do not intend to go to Tribunal, you should appeal as it puts you in a stronger position.

Anyway, an appeal is the only way to deal with your feeling that this is unfair.

If it's not already clear, you should consider whether you understand what the selection criteria was and why you were selected. If these things are not clear, then they could form the basis of an appeal.

If they are clear and you disagree, then there's your appeal grounds

exil

Halloway wrote: »

Realistically, I don't think there is going to much you can do about this. The company looks as though it is following the correct procedure regarding the consultation period. I would say that you are also going to find it difficult to use your manager's animosity towards you as a defence against redundancy. Unless her negative attitude manifested itself in terms of discrimination on one of the well-known grounds (race, gender, pregnancy etc etc), over a long a period of time and in a fashion which would be provable in an employment tribunal then it is not going to count for much, I am afraid.

Again, your manager's comments regarding the value of your work and the hiring of someone to help you is, in this instance, irrelevant. There is no requirement for companies to consider length of service, salary or 'usefulness'. I was recently made redundant. Amongst those made redundant was someone who had worked for the company (in its various guises over the years) for nearly 30 years. Someone else who joined last year was kept on.

I'd speak to someone at CAB in the first instance but I think they will confirm what I have said. Sometimes it's better to accept redundancy and walk away from what sounds like a not-very-pleasant organisation to work for.

Actually, employers DO have to apply fair criteria when selecting people for redundancy. They're not allowed to select people they merely don't like. typical criteria might be age, last in first out, etc.

Debt_Free_Chick

exil wrote: »

Actually, employers DO have to apply fair criteria when selecting people for redundancy. They're not allowed to select people they merely don't like.

Although it is possible to get the criteria to "fit" the person you don't want - happens all too often where there is just one position being made redundant.

typical criteria might be age, last in first out, etc.

Only if you want to face a claim under the Age Discrimination legislation

liney

Debt_Free_Chick wrote: »

Although it is possible to get the criteria to "fit" the person you don't want - happens all too often where there is just one position being made redundant.



Only if you want to face a claim under the Age Discrimination legislation

Last in first out can be used as part if a scoring system and it is reasonable to apply LIFO in a tie-breaker situation. It is not automatically discrimination.

Debt_Free_Chick

liney wrote: »

Last in first out can be used as part if a scoring system and it is reasonable to apply LIFO in a tie-breaker situation. It is not automatically discrimination.

Certainly, any age related criteria must be objectively justified. Not sure about the "tie-breaker" though. If the tie-breaker then becomes crucial - and if it's age-related, with no justification .......