Am I Being Discriminated Against/Treated Less Favourably

stressedoutmum

Briefly - I work for a large pharmaceutical company. Recently our job was made redundant. A new job was brought in (very similar to the old but on much less hours) we had to re-apply and be interviewed etc for it - some made it through and others were less fortunate. In the 'old job' some staff had previously covered 2 branches, doing the same job in both branches.There is a vacancy at another branch near to me and I was hoping to apply for it to help make up my hours but we have been told that the old job is redundant and any new job offer would be for one branch only and dependant on the size of the branch, what hours would be offered to ensure consistency within the company

My concerns are:
1. I have since found out that several others have still been allowed to carry on covering 2 branches.
2. I raised this question with my boss who asked HR and the reply was my offer was only one branch and that the vacancy in the other branch would have to be advertised internally/externally.
3. I cant understand why I can't do 2 branches when others have been allowed but I can't even apply for an interview for the other branch- Ive been discouraged in the fact that each time I mention it I keep getting told sorry its being advertised internally and externally and not even being invited to apply. I can't think of any reason why you cant apply for internal vacancies within your Company.
4. The others got their 2 offices without question.
5. I can't understand the reasoning. The job is fairly complex and takes a lot of training to learn. Why would they not allow someone who has the experience in the job (10yrs+) to do it?
6. Its not the hours that are the problem because combined they come to just under 24 hours per week.
7. My boss has supported me and the boss of the other branch would be more than happy to have me there as I am an excellent worker (their words)
8. The other branch is newer than mine and I trained a lot of staff at that branch when it first opened and still help to cover during sickness/ absence/ busy periods there. I trained the person who used to do the job and trained the girl who is currently covering the position although she doesn't want it. She's only helping out until the vacancy is filled.

I just want treated equally and fairly and feel I am being treated less favourably than my peers. I have written to my regional boss with no reply yet. I would like to put in a grievance but need some advice on what to write or am I being silly or naive .

stressedoutmum

.... anyone out there.....?

jdturk

unless you can prove there is discrimination to sex, gender etc then they are allowed to discriminate against you if they don't want you to have that job.

However I would also say that if you feel justified in raising a grievance then follow it through

stressedoutmum

thank you. Dont think I'm being discriminated against but do feel I am being treated less favourably and why is there one rule for one. Also I'm not sure if they are legally allowed to prevent me from applying for an internal vacancy, I thought perhaps this may be something along the lines of discrimination. Also in telling everyone it was a one branch offer and doing something else then they have set a precedence and are not being consistent. Trouble is I'm not sure this is only how I feel. What could I put in a grievance?

jdturk

stressedoutmum wrote: »

thank you. Dont think I'm being discriminated against but do feel I am being treated less favourably and why is there one rule for one. Also I'm not sure if they are legally allowed to prevent me from applying for an internal vacancy, I thought perhaps this may be something along the lines of discrimination. Also in telling everyone it was a one branch offer and doing something else then they have set a precedence and are not being consistent. Trouble is I'm not sure this is only how I feel. What could I put in a grievance?

I think they can refuse you applying for it as long as it is not discriminatory...however why they didn't just allow you to apply and then ignore your application I do not know.

It's not fair by the sounds of it but it doesn't have to be fair just legal.

You raise the grievance on the fact you are not being considered for a post where you feel other people in the company have been given the chance to do a similar role, you explain how you feel both bosses are happy with your work, past works there etc etc etc and then ask.

However you need to think is it really worth it and even if they say they will consider you do you think they will give you the job?

stressedoutmum

I'm certainly not naive enough to think they will give me the job and they would probably invite me to an interview but not give me the job. I would just like to know their reasons why I shouldnt do it. Thanks anyway.

jdturk

Then raise a grievance and go from there

v0id

Could it be that this other branch recquires someone to cover the exact same hours you're currenlty already working?

stressedoutmum

No,but thanks for replying. The job is very flexible as are the hours. We have a set of contracted hours and it doesnt matter what time we do them between 8 and 6 as long as you are covered for the week so one person can easily cover 2 branches as it works out about 12 hours per branch.

Savvy_Sue

Try contacting ACAS on Monday about how to raise this as a grievance: because of the redundancy it's worth checking whether they had an obligation to let you do this.

If in a union, contact them too.

getmore4less

Are you actualy redunant yet?

If still in consultation then they should be giving you the option to apply for any role(s) that you think might be a suitable alternatives that will avoid the redundancy.

I think they need to justify why the role is not a suitable alternative(so no point in you applying) for the consultatoin to be meaningfull.

Allready having one part time job is not a good enough reason IF this will reduce your hours/wages from your previous level with this employer.

You can say that one branch alone is not a suitable alternative.

If they won't change their stance it looks like it will need grievence for failing to allow you to aplly for suitable alteranative roles when other are geting that option.

If they are reducing hours and you want to stay you want to make sure there are no "can't work for anyone else clauses".