Am I being discriminated against?

lynzpower wrote: »

hmmm this is very dodgy!
All the best with this and will follow your sory, it certainly sounds to me like you could have a case.

Good luck x

juicy83 doesn't have any proof.

All the things juicy83 has stated can be easily denied by all the people involved unless juicy83 can produce evidence i.e. documents, emails that prove what the manager said . Even then just because the manager made rude comments doesn't mean she has broken any employment laws. Also it's not illegal to employ people you know outside work or to favour them once they are in work.

The only thing juicy83 can go on is that the selection for the redundancy was unfair and therefore if juicy83 is made redundant she can go for unfair dismissal and breach of contract in an employment tribunal.

This is due to:
1. Having evidence that juicy83's role or equivalent is needed
2. The organisation did not go under any open restructuring process

I suggest juicy83 when you attend the meeting you ask like a broken record until you get a satisfactory answer why you have been selected for redundancy. Tell them it's unfair you have been selected with why your duties are needed, but don't tell them how they should have done it fairly until you have taken legal advice.

juicy83 wrote: »

Actually I do have proof! I've had a meeting before about what has been said, the notes should in my file, unfortunately I do not have a copy of them though. I've had a few meetings with the HR person as well and she will be in this meeting on Wednesday.

Thanks for the advice, I will be saying all of that.

I didn't realise you already had taken legal advice before posting.

Next time post it on the thread so people don't give advice that could be misleading and could get you into more difficulty.

juicy83 wrote: »

No, I haven't taken legal advice yet, I was thanking you for your advice!

I will be seeking legal advice on Monday.

Good.

If you go into the meeting like a bull in a china shop they can invent something else to get rid of you.

Realistically, I don't think there is going to much you can do about this. The company looks as though it is following the correct procedure regarding the consultation period. I would say that you are also going to find it difficult to use your manager's animosity towards you as a defence against redundancy. Unless her negative attitude manifested itself in terms of discrimination on one of the well-known grounds (race, gender, pregnancy etc etc), over a long a period of time and in a fashion which would be provable in an employment tribunal then it is not going to count for much, I am afraid.

Again, your manager's comments regarding the value of your work and the hiring of someone to help you is, in this instance, irrelevant. There is no requirement for companies to consider length of service, salary or 'usefulness'. I was recently made redundant. Amongst those made redundant was someone who had worked for the company (in its various guises over the years) for nearly 30 years. Someone else who joined last year was kept on.

I'd speak to someone at CAB in the first instance but I think they will confirm what I have said. Sometimes it's better to accept redundancy and walk away from what sounds like a not-very-pleasant organisation to work for.

The comments made in the past by your manager are unacceptable - but it seems that you've raised this issue and it was resolved at the time? Is that right?

It could be that your manager has singled you out for redundancy, but proving that is extremely difficult. Her view of your personal life may well be an issue or the only issue and we may all feel that this is the case - but it's going to be extremely difficult to connect that with redundancy.

The main reason for this is that the manager's views of you are personal - and the whole redundancy process is role based. The company just needs to demonstrate that your role is no longer needed - and the consultation process is your opportunity to show that it isn't - which is nigh-on impossible, in my experience.

For your meeting tomorrow, you really must focus on the role issues and not the personal issues. I've been singled-out in the past, twice having people brought in above me. In both cases, they were less experienced and less qualified than me. I know how difficult it is when it's personal, but it's not you - it's your manager who has a problem Try and bear that in mind to boost your own confidence and self-esteem

The whole redundancy consultation process is a stressful waste of time IMHO, but something you will have to get through as best you can. Aim to present yourself professionally, leave out the personal issues and leave them in no doubt that you acted with complete dignity.

Then get yourself a better job