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Worth fighting them or not - possible age descrimination

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  • Worth fighting them or not - possible age descrimination

    Started working for one of the nations bigger retailers as an Customer Delivery Driver/Installer back in Sept 2016. After a months training, the 28 of us were let loose on our new roles. Me being 62 years of age, it became evident that I couldn't lift and carry heavy items at the same speed as the 35 year olds. Although I could do the job, I was never going to be as fast.

    Part of the role is driving a 7.5 tonne lorry which is governed by EU driving regulations, tacho card etc. Although I had driven smaller vans on odd occasions in the previous employment this EU/tacho stuff as all new to me. I was struggling with manual entries on the tacho card for the days when I was the drivers mate. After a month of getting manual entry infringments, line manager told me I would be reprimanded and that I would have to go before the site manager for disceplinary action if my manual entry error situation didn't improve. My reply was that I needed assistance to show me where I was going wrong. No assistance or help was forth coming from my line manager.

    In the December, along with four others having the same error problem, the group transport compliance guy came to our site to investigate my problem and advise me accordingly. Within two minutes, he identified what I was doing wrong, and showed me the error of my ways. Problem sorted and no further infringements. However, in February 2017, the site manager summoned me to a disceplinary hearing for the infringements I had acquired in the previous November and December (up to the date of my rectifying meeting with the compliance guy). Having put my side of the story and the fact the issue had been resolved, the site manager still issued me with a written warning for my infringement errors conduct and gave me a clause that if I had another driving infringment within the next six months, I would be re-summoned with the view to dismissal. This never materialised because I never infringed within that period.

    However, during February 2017, I did have an accident and slipped on the dismounting step ladder from the rear of the vehicle. Although I was able to carry on with my duties, I did report the incident to my line manager to enter as an incident. All this was witnessed by the driving assistant/porter and he duly witnessed the accident incident report.
    A week later after my disceplinary meeting, my site manager proposed a secondment alternative driving position where I wouldn't have to go out on Customer Delivery rounds. He did inform that my contract of employment would remain the same with no alterations to my pay, holiday and pension entitlements but at that moment in time, the secondment position would have a set period up until September 2017.

    Going back to my accident, although not a work stopping injury, I was starting to get pains and movement restriction in my left knee. After reporting to my GP, a MRI scan under the NHS system, revealed that I had a 12mm tear in the knee ligament tissue, tissue damage and a potential cyst within the knee area. Being NHS, my case had to wait it's turn before seeing a consultant. During July 2017, I had an appointment with a knee specialist consultant and X-rays of my knee were taken on the same consultant appointment day. For whatever reason, the MRI scan reports were not in my file, so the consultant only had the X-ray results to work with. He reported that I had athritis in amount 50% of my knee joint and that potentially I would be looking at a knee replacement in 5 to 7 years time. He advised physiotherapy on my knee to assist.

    Apologies for the long background details, but I'm now getting to the point of my post.

    On my return to work after my annual holiday in July 2017, my line manager informed me that there is a time scale in place affecting my secondment and advised me that the seconded role was being turned into a permanent position and that I would need to apply for the role or go back to my contracted Customer Delivery role. My response was that I would need to have a discussion with the Site Manager, which I duly did. The site managers response was that he wanted me to do the right thing for him and the right thing for me. It also transpired that my seconded role was in fact going to be split into two new roles with a different pay structure. He advised me to apply for both jobs/positions rather than going back to my contracted role. In view of his comment, I duly put my applications in. After attending an interview with the department managers, I was informed at a later date that neither of my applications were successful. In spite of what my site manager had discussed with me back in July 2017, this left me in a position of going back to my contracted role as a Customer Delivery Driver/Installer. Incidently, one of the department managers repeatly asked me if I thought I was going to be able to do the Customer Delivery job. My response being that I wouldn't know until I'm back in the role, but bearing in mind that there must have been a reason why the site manager wanted me to do the secondment position in the first place.

    Another relevent twist in the tail was that for the pay period August 2017 ALL Customer Delivery Driver/Installers were given a pay increase from £10.50p to £11.44p per hour. This was without exception to anybody else in that role What I understand is the site was struggling to recruit new people for this role and with group authorisation, the rate for the job was increased. New advertisement placed on the companies web site also supported this fact. The pay rate being stated as £11.44p to £13.75p per hour.

    Going back to me, I started my returning role to Customer Delivery during September 2017. During this return period, I was having physiotherpy on my injured knee which did upset the balance of the muscle and tissues in the leg. Can only assume that the physiopherpy was having an affect, but it was helping me get more movement in the actual knee which helped dramatically with bending my knee to do washing machine etc installations despite causing pain elsewhere in my leg. Reported to my GP and prescribe medicine was issued, both anti biotic and pain killers.
    In October 2017, I spoke to my line manager regarding my pay structure being revised to the new higher rate - along with everybody else. Recieved my pay packet in October 2017 only to see that my salary had NOT increased. Second discussion with line manager with no positive answer only that I should seek a discussion with the site manager.

    THIS IS NOW MY POINT

    The site manager meeting was negative regarding the increase in my salary. He stated that I was under performing in the Customer Delivery role and that my pay structure would NOT be increased to the 'revised' level that everybody is now getting.

    I pointed out that my belief is that this pay structured had been revised for the position and not individuals performance. This would be catered for at appraisal meetings with individuals getting merited additional wage increases according. The base rate would be the same across the board.
    Regarding my under-performing, I did register that my leg movement/pain indurrance had caused me problems in the role and that he only needed to view the CCTV at his disposal to witness my movement restriction on returning to the depot.

    This did not alter his position and he duly stated that my salary would not be increasing and that he will be monitoring my performance for the role. Not his words but it sounds like I'm on borrowed time despite my leg problem.
    So my question is, taking into consideration my previous written warning letter and this latest status regarding 'no' pay increase and performance, would I have a case for descrimination.

    Would have liked to say 'age' descrimination, but at not time as age been mentioned, only performance.
    Part of me would like to think I could put a fight up because it looks like a case will be built againt me anyway so why not give them a 'correct procedure' run for their money. Or should I just write it off and look for a different job.
    Need to point out that my employment period is 14 months, so no redundancy qualifying period etc to be considered.
    Last edited by Kati; 5th November 2017, 12:48:PM. Reason: Paragraph breaks
    Tags: None

  • #2
    Re: Worth fighting them or not - possible age descrimination

    Go you edit your post and put it into paragraphs please. I gave up reading half way through.

    Comment


    • #3
      Re: Worth fighting them or not - possible age descrimination

      Been reading through another 'live' thread and the advice was a grievance letter.
      Beginning to think that ought to be my first port of call. Would still be interested to know if there are any legal employment rules that would support my case.
      Purposely, I haven't named my employer on the open forum. To give the bigger picture they are one of the UKs larger retailers in the furniture and electrical sector with a turnover in the higher millions. They do have a head office human resources department but to date my communications have been at local site level.
      The highest authority person is the site manager and communications have been with this person. The site manager did mention the term 'case building'. My take on this is that the company would support their site manager with the employment law resources available and the pattern would be to build a case against the employee, i.e. me, with the view of zero tolerance ready for dismissal. My thoughts but who knows how larger companies work it.
      One of my thoughts is what is the legal stance on revising the upward base pay structure for a department but leave a single person out of this increase in pay scenario.

      Comment


      • #4
        Re: Worth fighting them or not - possible age descrimination

        tagging [MENTION=51026]Ula[/MENTION]
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment

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