Am I being discriminated against?

A question about : Am I being discriminated against?

Yesterday (26/02/09) I was informed by my Manager at 4pm that she wanted a quick chat. I asked her if this was bad news and she said, No not really. She took me to another room and told me that following on from a letter from the Chief Executive about our financial situation (I work for a charity who currently have a deficit of Ј250,000) this was my first formal meeting to discuss redundancy and to tell me my job was at risk. All members of staff received the first letter to let us know we need to make savings but I was not made aware that I would be selected and would have to attend a meeting.

I have had issues with my Manager before where she has made it clear she disagrees with my personal life (she is extremely religious and does not like that I live with my boyfriend and I'm not married.) Comments have been made about me living in sin before. She often refers to me as the blonde bimbo and a dipstick.

What I cannot understand is she told me I am the only one from the National Office who has been selected yet I am the lowest paid person there. When my Manager first started she had a backlog of work so she requested a temp to help her. Once the backlog was cleared she then went on maternity leave so the temp stayed. When my Manager returned the temp left as she wanted a job with more money. My Manager then decided to recruit her friend who she used to work with to enter a job that didn't exist before. My job has been there for years and now I am told I am losing my job but the person who came in a year ago is keeping hers but her position did not exist! This person does not have any work to do each month until my Manager hands over her work. My employers are basically paying two people to do one person's job. This other person earns about eight thousand more than me, she has less work to do and if they made her redundant they do not have to pay her redundancy pay. My Manager claims she was not consulted about the decision but she used to come back to the office telling us what the Chief Executive was planning to do first. I cannot see how my job is at risk when I earn the least out of everyone but always have more work. In fact I cover two jobs. I just do not believe that my Employers know what is happening, they have not made it their business to find out what is going on. My Manager also stated in the meeting that she knows I do a lot of work but some people will disagree, she would not tell me who but I really want them to tell me why last year they employed another person to help me with my work so I could concentrate solely on my finance duties. If I'm not busy why did they do this? I even have an e-mail to prove this is the case.

My Manager told me what will happen at the next consultation meeting and she said they will tell me my leaving date so I said, It is definite I am losing my job then? and she replied, No, no I shouldn't have said that, they will discuss with you whether they can offer you a job elsewhere. I do not understand how they can justify paying someone else to do my Manager's job, this other person has only been there a year, gets paid more than me and has less work. Surely they should question the fact that this woman is also my Manager's friend who goes on holiday with her?

My Manager has even admitted she recruited this person as there is one aspect of her job she dislikes and eventually she would like to become part time. I feel I have been singled out, I've not received a letter about any meeting yet and to me it looks like I've definitely lost my job.

My work pay for me to undertake my AAT studies, they also pay for my colleague and my Manager told this girl that when she passes her next exam her salary will increase even if we are struggling, then she turned to me and said, If you lose your job you have your AAT to fall back on, people always need finance workers. Surely this is discrimination - she is making clear to my colleague she is safe and my job is definitely on the line?

My colleague and I had offered to reduce our hours to help for a year. My Manager welcomed the idea from my colleague but when I asked if I should definitely go ahead she said, Well umm, well umm, it's worth a try I guess. My colleague who is my Manager's friend has recently been asking me if I've made notes about the work I do for people in the future. It seems to be that people knew before I did that I'm going!

Any advice?

Thank you

Best answers:

• I think I have read somewhere on here that redundancy pay is based on your pay at the time you leave so may be best not to reduce your hours at the moment. I'm not 100% on it but someone that knows more will be along soon no doubt.
  Good Luck big hugs and hope you get sorted soon!!!
• I think you need some good advice. Can you contact an employment law solictor? I believe 1st half hour is free (someone can confirm I'm sure).
  Is there anyone in the business apart from your manager that you can speak to about this? You can raise the issue of the other person confidentially also, do you have someone who works in HR?
  Try to take a deep breath and do something that will take your mind off it. It'll be on your mind all weekend I'm sure and there's nothing you can do at the moment, being the weekend, anyway.
  Sorry to hear this and wish you all the best for the future. Who knows you could end up with another great job and a manager that you really get on well with!
  All the best
  GJ x
• Ring ACAS. I think I read they were busy but keep trying. They will tell you your rights. Your manageress sounds like a complete barsteward.
• Hi there
  Thank you both for your replies.
  I have actually just been told by a colleague she saw a letter addressed to me today in the post tray so I'm guessing that will be my letter to say I am being made redundant. Great way to start the weekend!!
  We only have one HR lady in our office and I'd imagine she will be at any further meetings. The thing is I have mentioned my Manager to her before so she knows all about the comments that have been made. There is one further comment that she definitely knows about but I doubt she'll admit to it because I don't think she made any notes. I commented on how cute a colleague's baby was and my Manager replied telling me I should get rid of my boyfriend, find a black man and have a black baby because black babies are cuter. I complained about this but nothing was done and now I'm seriously regretting not taking it further!
  I'm not sure how to go about getting legal advice? I'm just so uptight right now, I haven't stopped crying since I found out. I feel it's so unfair and my Manager was so so smug when she told me, she was even smirking. I feel it's my word against her's but the only thing going for me is that I've complained about her before. I just hope they give me the chance to have my say and will remember everything that has happened before.
  Thank you - I have heard that about my pay as well, my hours would not have been reduced until April anyway but it looks like it won't be happening now, I'm certain to be out the door (
• On Monday - contact ACAS or even look on their website over the weekend. www.acas.org.uk
  Its not too late to submit a grievance about your manager's behaviour towards you, hope you have kept a note of what she said and when.
• Hi
  Yeah I tried calling them today but was on the phone for twenty five mins and they didn't answer! My Mum called them as well and managed to get through, she said the person was not that helpful and is calling again on Monday.
  I was thinking about getting in touch with my Citizen Advice Bureau to see if they can point me in the right direction?
  Yes I have notes of what she said, I've kept everything. It will be my word against her's though and thats what worries me the most. I'm quite a shy person and I think they aren't expecting me to kick up a fuss. I'm just hoping I won't crumble when it comes to the meeting!
• Let us know what the letter says - if in fact there is a letter in the post to you.
• Hi
  My letter has arrived today - it says:
  Following your informal meeting yesterday (26th February 2009) I am writing to confirm that the Formal Individual Consulatation Meeting will be held on Wednesday 4th March 2009 at 10:30am.
  At the informal meeting yesterday you were notified that your position is at risk, we do not feel we can sustain your role.
  The meeting yesterday represented the beginning of a period of individual consultation. We will consider all ideas and suggestions you wish to make to us in this period of consultation.
  If you have any queries please contact me.
  So that's it! I just don't see how my position can be at risk when they have someone who has only been there a year, gets paid more and has hardly any work but is also my Manager's friend! I don't believe my Manager wasn't consulted at all about her staff. My Manager also told me that at the meeting they would tell me my leaving date, it doesn't say that in the letter and it states it was an informal meeting yet she told me it was a formal meeting! I'm getting conflicting messages. I really have to fight this and appreciate any help.
  Thank you everyone.
• 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
• You can find a solicitor in your area here https://www.lawsociety.org.uk/choosin...asolicitor.law
  These might be useful
  https://www.berr.gov.uk/whatwedo/empl...page15686.html
  https://www.direct.gov.uk/en/Advanced...ext=redundancy
  You should look into raising a grievance. Personally, think you'd be better off out of there - from my own experience things never improved all the while I worked for a bad manager & it ended up making me ill. Now, I'm in a new job, very happy & wished I'd left years ago.
  Good luck!!
• Hi
  Thank you for the info.
  Yeah I guess you are right, the way I see it is I do not really want to stay now they've treated me like this but at the end of the day I really need a job! I'd rather keep my job but look for a new one whilst I'm being paid! It just seems so unfair.
  I think once they hear what is happening they will be shocked but then they know about the comments she's made to me before and didn't do anything. I'm the fool for not following it up but I didn't want to create so much fuss. Now I know they want me to go I'm going to fight.
  I've made a list of all my duties and I have to get across that my job has always been needed but this other person's didn't exist and how can they justify paying two people to do one job? My Manager even said they only need three people in that team so why was that other woman employed in the first place?!
  This is seriously driving me mad and I have to wait til Wednesday to have my say!
• 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.
  My job is needed and I have proof of e-mails sent from my Manager to her Manager about how she needs me to do more of one part of my job than the other and how she even managed to organise the recruitment of a new person to help me! If I go my work will have to be shared out whereas the other woman does not even have any set work to do, she just does the odd bits my Manager does not like doing!
• No, I haven't taken legal advice yet, I was thanking you for your advice!
  I will be seeking legal advice on Monday.
• I completely agree.
  I'm going to find it hard to be civil to my Manager on Monday but I know I have to as I don't want her to start saying I'm being difficult.
  I've made bullet points of everything I want to say and a long report to give to them at the end for them to read so they do not miss anything I say.
  Any other tips?
• 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.
• I am slightly surprised that the letter does not say you are permitted to bring a friend (or union representative) with you to the formal meeting- this may be a right and is certainly a reasonable request if it would make you feel calmer.