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Age discrimination?

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  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    At least three of the things you have explained above are discriminatory -

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

    2.  I was jokingly asked if I had ever considered a non surgical brow lift. (employers shouldn't do this)

    3.  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.

    Are you a member of any union? If so, I'd contact your rep. You can also contact Acas, report what you've been told and ask for  guidance. Pages 5 and 6 of the document in the following link are helpful. 

    https://www.acas.org.uk/sites/default/files/2021-03/age-discrimination-key-points-for-the-workplace.pdf

    You could take them to an Employment Tribunal based on what they have said. They should really have told you these things during working hours too, preferably with someone else present. But if they've told the dental nurse the same things they've told you, it will be better for both of you, and you could even bring a joint case against these awful people.

    Dignity be blowed, why on earth should you leave? I wouldn't make things easy for them. Let them try to get rid of you by giving you written notice, mentioning the things they've said above and giving clear reasons for the notice. 

    A few years ago I took an employer to an Employment Tribunal for age discrimination and the case was not half as clear cut as yours would be. There was a settlement (to my satisfaction) before the case went to court. It's well worth a try because this discriminatory pair, when it comes to recruiting more staff, will just carry on with their illegal age discrimination. And they have actually admitted that's why they want to get rid of you. Employment Tribunal judges take a very dim view of this kind of discrimination. (In my limited but successful experience).
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 31 October 2021 at 9:59PM
    paigesand said:
    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.
    Please do not go quietly!  Make them suffer. It costs nothing to go to an Employment Tribunal and if you and the dental nurse tackle this together, you will be fine. You do not have to be a linguist to present a good case at tribunal and don't hand in your notice just yet. Let them do the hard work. They are acting illegally. 

    PS it's great that the nurse recorded the discussion she had. All grist for the mill. Citizens Advice link here, too -

    https://www.citizensadvice.org.uk/resources-and-tools/search-navigation-tools/Search/?c=HOME&q=age+discrimination+at+work

    and here -

    https://www.citizensadvice.org.uk/resources-and-tools/search-navigation-tools/Search/?q=legal+help+age+discrimination+workplace&c=SERP-PUBLIC
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • paigesand said:
    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.
    You have a contract. They don't have to give you a new one. Employers seldom do. They bought the business. With all the contracts. 
  • GrumpyDil
    GrumpyDil Posts: 2,197 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    At the moment OP and the nurse have had one discussion. My suggestion would be to see what happens over the next few weeks. 

    At the moment there certainly does not appear to be strong enough grounds or evidence to support a claim for constructive dusmissal (been there and done that and far from simple if the employer chooses to fight the claim).
  • I really don't want to work in a toxic environment.

    I only work 25 hours but that's 25 hours feeling terrible and unwanted 12pm to 5 pm.

    I also work 2 hours in a post office in the  morning during the week. The owner is a lovely man he is Asian.
    So a job as a building attendant 25 hours 4 to 9pm would be great.
    I have a friend who is a building supervisor at the uni and she said it's a nice job no bank holidays or weekends and a pound an hour more than I'm on now.
    Free uniform and shoes too.

    Also it's race discrimination too Christmas day when they know me and the nurse are Christians.
    If someone told Muslims or Asians they couldnt perform iftar due to work there would be uproar.
  • In my limited but successful experience

    But it wasn't successful. The case never went to court, and there are many reasons why some employers would settle before a hearing, and many reasons why others wouldn't. So actually, all you have is limited experience. To date the OP has hearsay - her word against the employers, and even on that basis, they have not specifically done anything yet. You simply cannot say that they have acted illegally (and it is unlawfully anyway - illegally means something else entirely). It is irresponsible to keep telling people that they have a great case and will definitely win. If it were that simple, then the statistics for tribunals would show far more wins. There is a lot of sh***y stuff goes on in employment that really shouldn't, but that does not mean that people can prove it to the point that a court will agree something is unlawful. So far the OP has not been dismissed, has no grounds for constructive dismissal, and has been told that the new employers are looking to restructure the business to appeal to a younger clientele. Suggesting stuff is open to interpretation. A poor sense of humour isn't in itself a crime. And we have no context for a comment that a role elsewhere might be better for the OP. They might have a case at some point. Right now they don't appear to have anything much to go on. They would need a lot more to make a successful claim of discrimination. And they certainly have no grounds for constructive dismissal based on anything they have said here.
  • Me and the nurse are middle aged white women in other words not of the woke millennial generation.

    The previous owner was 68 when he retired eg he was not of the woke generation  he had a marvelous work ethic so did his friend and son.

    The practice is in a very large Edwardian terrace so I understand the refurb as it's not been decorated in years.

    Neither would the previous owner who was Jewish have expected his staff to work on Christmas day. We broke up on the 23rd December and didn't return until the 2nd January.
  • paigesand said:
    Me and the nurse are middle aged white women in other words not of the woke millennial generation.

    The previous owner was 68 when he retired eg he was not of the woke generation  he had a marvelous work ethic so did his friend and son.

    The practice is in a very large Edwardian terrace so I understand the refurb as it's not been decorated in years.

    Neither would the previous owner who was Jewish have expected his staff to work on Christmas day. We broke up on the 23rd December and didn't return until the 2nd January.
    What does your contract say about bank holidays?
    In fact what does it say about holidays?
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