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Age discrimination?

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  • Brie
    Brie Posts: 16,310 Ambassador
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    I would check to see if you have legal cover under any insurance policy or can otherwise get a hour/half-hour consult with a lawyer to get a better idea than we can offer you here.  Frankly I think they have way overstepped the mark but you are going to need some good assistance to get what is right.

    Any more meetings and I would def have my phone on the table recording everything.
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  • 68ComebackSpecial
    68ComebackSpecial Posts: 600 Forumite
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    edited 31 October 2021 at 11:06PM
    Realistically it is highly unlikely that they will open on Christmas Day. How many people would want dental treatment or fillers on a national day of lazing around - regardless of religion? I suspect they said it to provoke a reaction - and it's clearly worked.
  • 74jax
    74jax Posts: 7,930 Forumite
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    edited 1 November 2021 at 6:21AM
    Realistically it is highly unlikely that they will open on Christmas Day. How many people would want dental treatment or fillers on a national day of lazing around - regardless of religion? I suspect they said it to provoke a reaction - and it's clearly worked.
    I think so too its so much easier if you leave of your own doing for them. 

    I'd turn up, smile, do your job and watch it unfold. You can only react to something solid that has happened. Right now it's all on a conversation of possibilities. 

    It's good you have someone else in the same boat, but don't get into the habit of discussing it all the time. It makes it so much more then. Wait for whatever they do next, then react.

    Also my dentist is open - emergency only - on all Bank Holidays. I only know as I called one Christmas day when a tooth split in half 🙄. My local sainsbury is open every day too (shorter hours on Christmas day). 

    I would maybe ask your vicar for his service times, I'm presuming you do midnight or 11pm Christmas eve? Could you then look at the 5pm (or similar) time Christmas day?  If you openly talk about church too them, they may allow time off to attend the service. We used to allow time off for some to pray when asked (if you don't ask, you don't know). You could also look to incorporate home worship that day instead of being in a physical church. 
    Forty and fabulous, well that's what my cards say....
  • Undervalued
    Undervalued Posts: 9,829 Forumite
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    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.


    They are correct on that point. Employment law treats bank holidays exactly the same as any other day. Unless there are any contractual provisions there is no right to have the day off or to any extra pay if it is worked. The employee's legal right (if full time) is to 5.6 weeks (28 days) holiday per year to be taken when the employer chooses.
  • Undervalued
    Undervalued Posts: 9,829 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 November 2021 at 6:54AM
    paigesand said:
    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.
    Although, based on what you have told us, you are probably experiencing unlawful age discrimination, I have to say several of your posts are suggesting a discriminatory attitude yourself.

    Two wrongs never make a right!

    If you had employees of your own you would be just as entitled to tell them when they can and cannot take their holiday. What you cannot do is treat employees who follow a particular religion differently from others. You have no right to even know what religion, if any, they may follow and certainly should not make judgements.

    Based on what you have said, if you were to be dismissed you may well have a valid claim against them for age discrimination and you should certainly seek legal advice if that were to happen.

  • bap98189
    bap98189 Posts: 3,804 Forumite
    Part of the Furniture 1,000 Posts
    What they have said is probably age discrimination, but you have zero proof. If you pursue anything, they will deny it and you will get nowhere.

    Given that you clearly don't want to contnue working there your best bet is to get a redundancy payment and leave. Since you have been working there since 1997, that will be a reasonable sum. Your quickest route is to talk to the new owners about it. Tell them you understand they want you to go and that you will be willing to leave if they pay you your full redundancy settlement. They may agree, come back with a reduced offer, or decline, but at least you will know where you stand.
  • elsien
    elsien Posts: 37,179 Forumite
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    bap98189 said:
    What they have said is probably age discrimination, but you have zero proof. If you pursue anything, they will deny it and you will get nowhere.

    Given that you clearly don't want to contnue working there your best bet is to get a redundancy payment and leave. Since you have been working there since 1997, that will be a reasonable sum. Your quickest route is to talk to the new owners about it. Tell them you understand they want you to go and that you will be willing to leave if they pay you your full redundancy settlement. They may agree, come back with a reduced offer, or decline, but at least you will know where you stand.
    It’s not a redundancy situation as the role the OP is working is still there. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Undervalued
    Undervalued Posts: 9,829 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    elsien said:
    bap98189 said:
    What they have said is probably age discrimination, but you have zero proof. If you pursue anything, they will deny it and you will get nowhere.

    Given that you clearly don't want to contnue working there your best bet is to get a redundancy payment and leave. Since you have been working there since 1997, that will be a reasonable sum. Your quickest route is to talk to the new owners about it. Tell them you understand they want you to go and that you will be willing to leave if they pay you your full redundancy settlement. They may agree, come back with a reduced offer, or decline, but at least you will know where you stand.
    It’s not a redundancy situation as the role the OP is working is still there. 
    Indeed, but there could still be a settlement agreement for a similar sum.
  • Jillanddy
    Jillanddy Posts: 717 Forumite
    500 Posts Name Dropper
    To be fair, it might come to redundancy. It just hasn't come to anything at all yet. If the company is massively changing its offer, then a dental receptionist may not offer the range of skills or knowledge needed for future roles. Only time will tell.
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