Age discrimination?

paigesand

I really don't know what to do or how to take this.

I have been employed as a dental receptionist at the same practice since 1997.

The previous owner had it for many years and ran it with a friend he went to uni with.

When his son qualified as a therapist he joined too 6 years ago. All was fine.

The owner retired in February this year and his friend and son left too.

The practice has been bought by two young Asian men fresh from uni by their father who owns a restaurant and this is where I have felt a bit uncomfortable with a recent meeting I have had with them.

I was asked to meet them at the practice yesterday ( Saturday) I thought that was a bit strange as it isn't open for business on weekends.

The new owners have known me since march have suggested I'm a bit too old to be on their team.

I was told the practice is going upscale and having a complete inside and out modernisation with a bigger range of treatments including anti aging etc I was jokingly asked if I had ever considered a non surgical brow lift.

They then said with modernisation of a building comes people changing with the times too 
When I asked what that meant they said they wanted to attract a fresh young clientele with plenty of disposable income to spend.

When I asked for proper clarification they said they wanted young sparkling juniors to be seen there.
When I said are you saying I'm old at just turned 43 they said I was not ancient but maybe a role elsewhere might be more suitable.

I'm really upset and have been on indeed searching for roles.

I have applied for a switch board operative and building attendant job at a university.

It's not just me a lady who works here as a nurse and is 38 phoned me this morning saying they called her in yesterday too.

Do I stay and wait to be dismissed or get out  with my dignity intact?.

74jax

paigesand said:

I really don't know what to do or how to take this.

I have been employed as a dental receptionist at the same practice since 1997.

The previous owner had it for many years and ran it with a friend he went to uni with.

When his son qualified as a therapist he joined too 6 years ago. All was fine.

The owner retired in February this year and his friend and son left too.

The practice has been bought by two young Asian men fresh from uni by their father who owns a restaurant and this is where I have felt a bit uncomfortable with a recent meeting I have had with them.

I was asked to meet them at the practice yesterday ( Saturday) I thought that was a bit strange as it isn't open for business on weekends.

The new owners have known me since march have suggested I'm a bit too old to be on their team.

I was told the practice is going upscale and having a complete inside and out modernisation with a bigger range of treatments including anti aging etc I was jokingly asked if I had ever considered a non surgical brow lift.

They then said with modernisation of a building comes people changing with the times too 
When I asked what that meant they said they wanted to attract a fresh young clientele with plenty of disposable income to spend.

When I asked for proper clarification they said they wanted young sparkling juniors to be seen there.
When I said are you saying I'm old at just turned 43 they said I was not ancient but maybe a role elsewhere might be more suitable.

I'm really upset and have been on indeed searching for roles.

I have applied for a switch board operative and building attendant job at a university.

It's not just me a lady who works here as a nurse and is 38 phoned me this morning saying they called her in yesterday too.

Do I stay and wait to be dismissed or get out  with my dignity intact?.

Wow. 

Usually I would say leave with dignity, but in this case I think I'd say try and stay, let them fall over their ridiculous plans and get rid of you, and claim discrimination with dignity. 

That said, I don't know how you can prove it - others in due course with more knowledge will be along to help - I'm guessing nothing is in writing and it was all in speach? Although if they have now said it to two people they are clearly not frightened of saying it. 

Jillanddy

I don't think there's an easy answer. Based on what you say,  yes,  of course you are right and it's age discrimination.  But... what evidence do you have? Your word against theirs? 

And I'm not sure it is relevant that they are young and Asian. You see,  I think you are right,  but your words say that you have similarly " bad choices" when it comes to words.  

What do you want here? And how far are you willing to go to get it? 

paigesand

The lady who works there as a nurse has been there 11 years.

She mentioned constructive dismissal but how would that work.

And we are both acutely aware that these new employers tick boxes that we don't.

They will try to find a fault with me and the nurse but I bet it won't be age related.
She recorded the discussion on her phone as she had a feeling it was going to be something out of the ordinary.

paigesand

Jillanddy said:

I don't think there's an easy answer. Based on what you say,  yes,  of course you are right and it's age discrimination.  But... what evidence do you have? Your word against theirs? 

And I'm not sure it is relevant that they are young and Asian. You see,  I think you are right,  but your words say that you have similarly " bad choices" when it comes to words.  

What do you want here? And how far are you willing to go to get it? 

I want to go as I know it won't be a nice atmosphere certainly not after this.

I won't be going quietly that's for sure I have decided that.

AskAsk

i would stay and get the redundancy pay first.

theoretica

I would look for something else - but be a bit fussy to be sure what you find is a good job not just the first thing to come.

I also wonder if they have thought this through - anti-aging surely doesn't appeal to the youngest clientele and many people get more disposable income as they get older too.

paigesand

How can I get redundancy for dismissal?.

I'm thinking of constructive dismissal but not until after Christmas.

Speaking of Christmas the new owners have said they are seriously considering opening on Christmas day for routine and emergency appointments.

When I mentioned it was a bank holiday I was told it wasn't a automatic right Andi wouldn't get double time or a day in lieu.

Tigsteroonie

What does your contract say about working on bank holidays?

Jillanddy

paigesand said:

How can I get redundancy for dismissal?.

I'm thinking of constructive dismissal but not until after Christmas.

Speaking of Christmas the new owners have said they are seriously considering opening on Christmas day for routine and emergency appointments.

When I mentioned it was a bank holiday I was told it wasn't a automatic right Andi wouldn't get double time or a day in lieu.

As for Christmas day, they are absolutely right. Public holidays have no relevance, and there is no right to additional pay for them. If it is lawful for them to open, then they can do as they wish and you must work on that basis.

I will be blunt - forget constructive dismissal. The best cases have almost no chance of winning - less than 1%. And to claim it you must exhaust internal processes of grievance and appeal, plus you must actually have a case. To date your employers have said that they are restructuring the business, have consulted you about it, and asked if you would be comfortable with the new concepts and would be happy working with this. And told you that you might have to work on public holidays. All of which is perfectly legal. Nor have they dismissed you either, so of course you can't get redundancy for dismissal. Of course, it is very possible that redundancy might enter the fray - but it hasn't so it is irrelevant.

I don't doubt that anything you say here is true. Nor that your interpretation is accurate. But that is a far cry from having a case of anything at all, and employment law is not as simple as you are being led to believe.

paigesand

Since the new owners took over I and other staff don't have a contract.

It's looks like I'm going to be a building attendant.