Part-time discrimination
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pottyhouse
Posts: 4 Newbie
Hi all, any positive advice gratefully received 
I have been employed on a part-time basis since April 2017. Small company 10 employees in total.
April 2018 the company took on 2 additional full time employees and took the role I was employed to do and passed it to one of the FTE.
No consultation. My review was mid-May 2018. The Director told me she was jealous of me/my part-time hours. I was advised the role had out-grown part-time support, full time was required.
I was advised a new job description would be arranged. There was plenty of other work to do.
Wednesday 14 June - I was called into the 2 Director's office to discuss "technical issue". It was not purely a technical issue. I was advised as I was making so many mistakes they were putting me on Performance Management. I asked for examples, they had none. I was basically character assassinated,very personal comments, was accused that I didnt like other staff (bullying?) asked if I had OCD. They told me they were within their rights to dismiss me (as under 2 year's service).
They were taking away my access to the CMS due to all my mistakes which they could not show me.
I defended myself (oh and was told I was being defensive!) and kept reiterating that I was "being treated very unfairly".
The meeting ended with me feeling very confused and astounded.
Thursday - all fine and dandy.
Friday - advised Directors I could not do a task due to my access revoked. Access reinstated!
I have received nothing in writing, no amended job description, no notice / invitation to attend PM meeting, no opportunity to ask a colleague/representative to sit in the "PM" meeting and no follow up letter from Wednesday, no targets, no timescales, nada.
I have contacted employment solicitor but as I am still employed I am not sure whether I would be a new client (yet!).
The office atmosphere has been awful since April 2018 and I was considering "constructive dismissal" but do not have 2 year's service. I feel since Wednesday things have gone way over that and any day they could ask me to leave which I am fully prepared for. They also said they didn't want me to leave, I am a good worker.
Thoughts anyone??!
Yours very confused
I have been employed on a part-time basis since April 2017. Small company 10 employees in total.
April 2018 the company took on 2 additional full time employees and took the role I was employed to do and passed it to one of the FTE.
No consultation. My review was mid-May 2018. The Director told me she was jealous of me/my part-time hours. I was advised the role had out-grown part-time support, full time was required.
I was advised a new job description would be arranged. There was plenty of other work to do.
Wednesday 14 June - I was called into the 2 Director's office to discuss "technical issue". It was not purely a technical issue. I was advised as I was making so many mistakes they were putting me on Performance Management. I asked for examples, they had none. I was basically character assassinated,very personal comments, was accused that I didnt like other staff (bullying?) asked if I had OCD. They told me they were within their rights to dismiss me (as under 2 year's service).
They were taking away my access to the CMS due to all my mistakes which they could not show me.
I defended myself (oh and was told I was being defensive!) and kept reiterating that I was "being treated very unfairly".
The meeting ended with me feeling very confused and astounded.
Thursday - all fine and dandy.
Friday - advised Directors I could not do a task due to my access revoked. Access reinstated!
I have received nothing in writing, no amended job description, no notice / invitation to attend PM meeting, no opportunity to ask a colleague/representative to sit in the "PM" meeting and no follow up letter from Wednesday, no targets, no timescales, nada.
I have contacted employment solicitor but as I am still employed I am not sure whether I would be a new client (yet!).
The office atmosphere has been awful since April 2018 and I was considering "constructive dismissal" but do not have 2 year's service. I feel since Wednesday things have gone way over that and any day they could ask me to leave which I am fully prepared for. They also said they didn't want me to leave, I am a good worker.
Thoughts anyone??!
Yours very confused
0
Comments
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Are you a member a union?0
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No unfortunately.0
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I can see no evidence that this is discrimination based on your part time hours. You weren't entitled to take anyone with you to the meetings. That only applies if it is a disciplinary or grievance process. You have less than two years service, so you have no claim - they can easily dismiss you. Yes, they sound very unpleasant. But being unpleasant isn't unlawful. I think you need to look for another job.
If you are asked for money by the solicitor, don't pay anything. You have no case to look at, but not all lawyers are honest enough to tell you that. There is no legal aid for employment issues.
To be honest, if you can afford to leave and you are really unhappy, I'd ask them to make you redundant and provide a good reference. You won't get any redundancy payment, obviously, but sometimes quitting whilst you are ahead is the best option. If they want rid of you, they'll get rid of you, and it's better not to have a dismissal on your record.0 -
ACAS have a helpline; http://www.acas.org.uk/index.aspx?articleid=1410 and they can give you advice, you should also be able to get legal help if it's part of your household insurance contents policy, so it's worth checking your documents.
Try not to worry about the 2 year qualifying period too much, in certain circumstances this doesn't matter (sex discrimination cases or disability discrimination cases), and if you're close to 2 years (as in you've been employed for 22 months or something), an Employment Tribunal can consider your case anyway as there are some employers out there who will dismiss employees as close to the 2 years as they can on purpose.0 -
CakeCrusader wrote: »ACAS have a helpline; http://www.acas.org.uk/index.aspx?articleid=1410 and they can give you advice, you should also be able to get legal help if it's part of your household insurance contents policy, so it's worth checking your documents.
Try not to worry about the 2 year qualifying period too much, in certain circumstances this doesn't matter (sex discrimination cases or disability discrimination cases), and if you're close to 2 years (as in you've been employed for 22 months or something), an Employment Tribunal can consider your case anyway as there are some employers out there who will dismiss employees as close to the 2 years as they can on purpose.
How are you getting to 22 months? Its barely 14! Plus they make no mention of any discrimination related to protected characteristics..0 -
And 22 months is a very long time away from 24 months when statutory notice is ONE WEEK! So the OP can easily be dismissed up until 23 months and three weeks!marliepanda wrote: »How are you getting to 22 months? Its barely 14! Plus they make no mention of any discrimination related to protected characteristics..0 -
Why would you tell someone not to worry about the qualifying period when it is actually the most important thing!?? There are quite a few exceptions (not just two) to the 2 year rule, but there is no actual evidence that any of them apply to this situation. An ET cannot simply decide that you are "close enough". The law on this matter is very clear. The qualifying period is two years, and if no notice is given of the dismissal, then the one week statutory notice is added to time served. If that doesn't get you to two years, then you can't claim.CakeCrusader wrote: »ACAS have a helpline; http://www.acas.org.uk/index.aspx?articleid=1410 and they can give you advice, you should also be able to get legal help if it's part of your household insurance contents policy, so it's worth checking your documents.
Try not to worry about the 2 year qualifying period too much, in certain circumstances this doesn't matter (sex discrimination cases or disability discrimination cases), and if you're close to 2 years (as in you've been employed for 22 months or something), an Employment Tribunal can consider your case anyway as there are some employers out there who will dismiss employees as close to the 2 years as they can on purpose.0
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