Single mum, being pushed out of my company

Kinderegg

Hi there,

Without going into too much detail, I am a single parent of a 5.5 year old who is going through assessment for suspected autism.

I have been employed with my current employer for under two years, but over one year. Last year there was a change of management and since then I have felt like the new boss wants me out.

Some examples, challenging flexi working (arrangement is not in writing but has been in practice for about 1 year, maybe longer). Untruly accusing me of gross misconduct without any grounds. Not allowing me time off in lieu which I couldn't then carry over, amongst other things.

It's all become so much at work, that I am now signed off work for a month for anxiety, awaiting psychiatric treatment.

I plan to leave, but I don't want to leave if there's a chance they could give me a bad reference. I feel at a loss as to what to do because I won't be entitled to claim JSA, or will be sanctioned for it. There's been some uncertainty between advice from ACAS and CAB about whether there is a breach of contract, discrimination or personal injury claim. The resulting advice from ACAS was to seek advice from a specialist lawyer practicing employment law but I don't have the funds for this.

Please help.

annandale

Are you in a union?

You could see if your employer would agree to a compromise agreement where you could leave with a reference and it should hopefully mean you can claim benefits

If you leave you might be sanctioned but it wouldn't be indefinitely

To be honest even a half hour free appointment with an employment lawyer might help you get answers

Kinderegg

annandale wrote: »

Are you in a union?

You could see if your employer would agree to a compromise agreement where you could leave with a reference and it should hopefully mean you can claim benefits

If you leave you might be sanctioned but it wouldn't be indefinitely

To be honest even a half hour free appointment with an employment lawyer might help you get answers

Thanks for your response.

I'm not in a union. I might have to just hand in my notice and accept the benefit sanction. I just really don't want to face extra hardship trying to find something new.

annandale

How much sick pay will your company pay? I would resign as a last resort to be honest, certainly get advice before doing so.

Have you considered raising a grievance

Tiddlywinks

There's a jumble of things in your post... I'm not sure what you want to be addressed and what was just intended as background.

What do you want to happen with your employment? Do you want to return to work or do you feel you need to remove yourself from a working environment because of your health issues?

If you resign then any reference will be factual - they are allowed to state the facts of the number of days off sick and detail any performance issues (if they choose to do so).

As to your new manager and his approach to flexible working, you have a right to ask for flexible working BUT the company can refuse if the business cannot reasonably be expected to accommodate the arrangement. So, this change is not something you can easily challenge.

Regarding your manager accusing you of gross misconduct - well, what are the procedures in your workplace to deal with performance and conduct issues? Were those followed?

I can't see you easily being able to demonstrate you have suffered a personal injury (as in your anxiety) without clear evidence that this was as a direct result of your employment... given your domestic worries (with your child's health) it can be argued that this is a contributory factor.

You mention a breach of contract? Where / how has this occurred? Nothing in your original post demonstrates this.

Discrimination? Again, where / how? Just disallowing flexible working is not discriminatory.

Finally, you have worked there less than two years so have very little protection against dismissal.

You need to decide how viable the job is for you and then make a decision accordingly.

Your best hope is to negotiate a neutral reference if you decide to leave on health grounds. But you don't really have a strong bargaining position as there appears to be little evidence to support any wrongdoing on their part.

Kinderegg

I don't want to go into detail as I don't want to risk my anonymity.

Basically, looking at the bigger picture it is clear that my manager has discriminated against me because of her unwarranted behaviour towards me which no one else is subjected to on my team. She is targeting me because of my caring duties and commitments outside of work with my daughter's extra needs. Like I said, the flexible working has been in practice for around one year and provisions were made by my previous manager so that I could do so (providing me with equipment).

Again, not going into detail, but the accusation of gross misconduct was entirely untrue, and handled wrongly. It was an empty threat as she is trying to sabotage my job.

Regarding the anxiety diagnosis, my daughter has had additional needs and health problems since she was born, and so it's fundamentally clear that this has been caused by my work, and particularly, how my manager has treated me.

I know that how have they have treated me is morally, and potentially legally wrong, and so I know it is the right time to leave. I just want to know how I can negotiate a decent reference.

Guest101

Kinderegg wrote: »

I don't want to go into detail as I don't want to risk my anonymity. - it doesn't matter, you have very few employment rights, they can sack you for almost any reason.

Basically, looking at the bigger picture it is clear that my manager has discriminated against me - which may be perfectly legal because of her unwarranted behaviour towards me which no one else is subjected to on my team. She is targeting me because of my caring duties and commitments outside of work with my daughter's extra needs. - this seems unlikely, she could just give you notice Like I said, the flexible working has been in practice for around one year and provisions were made by my previous manager so that I could do so (providing me with equipment).

Again, not going into detail, but the accusation of gross misconduct was entirely untrue, and handled wrongly. It was an empty threat as she is trying to sabotage my job. - again its not necessary for them

Regarding the anxiety diagnosis, my daughter has had additional needs and health problems since she was born, and so it's fundamentally clear that this has been caused by my work, and particularly, how my manager has treated me. - maybe to you. But in any case it doesn't matter

I know that how have they have treated me is morally, and potentially legally wrong, and so I know it is the right time to leave. I just want to know how I can negotiate a decent reference.

Give notice and hope for the best? Or stick it out?


Is there a neutral reference policy? (not that it matters as they can always just phone up)

MinnieCooper

I would try putting a formal flexible working request in but, by the sounds of it, I would think they'll probably refuse. You should've had it in writing in the first place as you may have been able to go for constructive dismissal if you end up resigning.

Look for another job ASAP!

Kinderegg

Guest101 wrote: »

Give notice and hope for the best? Or stick it out?


Is there a neutral reference policy? (not that it matters as they can always just phone up)

Thanks for your not very helpful advice.

I am aware of the two year rule for non discriminatory dismissals. But by my account this IS discriminatory on grounds of sex and disability discrimination by association, and has resulted in my health problems. A number of factors are at play here, which you seem to have missed or completely disregarded as 'they can just give notice'.

I don't know about the neutral reference policy, and is not stipulated anywhere in my contract. I'd have to speak to my HR.

Guest101

Kinderegg wrote: »

Thanks for your not very helpful advice. - not helpful?

I am aware of the two year rule for non discriminatory dismissals. - so they dismiss you for 'business reasons' But by my account this IS discriminatory on grounds of sex - how? you being a single parent has no reference to your gender? and disability discrimination by association - Im not convinced, there could easily be sound business reasons , and has resulted in my health problems - on your say so alone. . A number of factors are at play here, which you seem to have missed or completely disregarded as 'they can just give notice'. - because they can. All they have to do is follow a very simple route. You don't 'fit'

I don't know about the neutral reference policy, and is not stipulated anywhere in my contract. I'd have to speak to my HR.

read your employee handbook

Bogalot

It's clear that the relationship between you and your manager has broken down. What are you looking for out of this - mediation to resolve your issues, to leave with a good/ neutral reference, or compo?