Being treat unfairly by employer

[Foxyflugel]

Hi everyone

I am at present wondering if I have a discrimination/equality case against my employer. I will apologise in advance for the long post - but I thought I should include all the background info also.

I am a trainer and work for a company. I started with them full time around 3 and a half years ago. In Sept of last year I received a letter saying that they were to reduce my days due to my reduced caseload (learners). At that point, since around May/June I had been on a reducing amount of learners due to our usual manager being off on maternity leave and having a stand in manager (from another branch) who was absolutely useless!!

Anyway, I was given this letter giving me one months notice of this reduction - even though in Oct I had numerous learners to sign on which would only make me 4 under full caseload. They reduced my days down to 4 - even though I was 3 learners over the 4 day figure. I could also prove that I was undertaking a lot of marketing to try and increase my caseload - with no support from HO whatsoever. I also have emails chasing my lists that I had sent for the marketing teams to chase up.

Now, one of our male trainers (I'm female btw) - was on a caseload of 17 in October when my days were reduced to 4 dpw - he is now on 11 leaners and is still working full time (I am now on 19)! He was on 24 learners last June and it has reduced each month since then - yet he is still working 5 dpw!! and making no effort whatsoever to do any marketing - this is nearly 10 months ago and he is still on 5 days. How can this be fair and consistent practice??

This really winds me up - I have a meeting with my manager next week and am thinking of raising a formal grievance about this.
Additionally, I found out from our new marketing guy (who I get on really well with) that my Manager is pushing for him to find learners for the other 2 trainers but not for me - ie she has given him info to give to companies for their subjects they train on - but not for mine.

Also, I was dragged to a disciplinary meeting that was totally unfounded and unfair. I met with the verifier (who works for our company) and she asked me questions about a learners portfolio. I had gone in for feedback (as normally happens) and she questioned me and I gave her honest, straight answers but I got the impression she was digging for something that wasn't there. The next thing I know I am summoned to a disciplinary meeting at HO - based on a report that she submitted to HO.

I then asked for a copy of the report from the verifier and she said she would need permission from HO to send it to me - I never received it either from her or HO. Also, I saw the verifier at the end of Sept and I received my letter about my days being reduced at the end of september also ( a couple of days previous)

Then when I went to the meeting - I went on my own (they had already tried to make the meeting around 3 days after I received the notification - leaving me little time to prepare) and I decided to record the meeting (unbeknowns to them) as i don't trust them one bit and didn't want stitching up like a kipper.

I'm glad I did!! As according to them it was gross misconduct and yet I got a written warning - when the handbook states that it is dismissal!! I then received a copy of the notes from said meeting and it was the biggest load of tosh.

Basically, I batted everything back at them as I had paperwork to defend myself - they never stated any of this or fully what I said - just worded it in a way that made me look bad.

So when the Md asked me to sign it I said I would after I had read it. I amended or 'added' to it , then signed it (and wrote at the side of my signature *amended notes*) and gave it her back and kept a copy for myself. She said we had a problem as she was not prepared to sign it after my alterations!! Everything went quiet and then I received the original copy with the Mds signature and a snotty memo from the HR woman that was in the meeting saying that my 'additions' NOT 'amendments' were basically irrelevant and telling me what they had decided.

Now, I know you may be asking why I am still working for these idiots - I know - but hopefully not for much longer -and a job is a job. But, I would like opinions on whether people think I should put in a formal grievance or just leave the company - however, this goes against my grain really - to be treat in this way - and quite blatantly treat differently to others.

What do you think?

Thanks

Foxy

[SpringerSpaniel]

Re: Being treat unfairly by employer

I think there is from what you say evidence of being treated less favourably than male colleagues, and of breach of the implied term of mutual trust and confidence in your contract of employment.

You could bring a case for unlawful sexual discrimination, and if you leave or are forced out, for constructive unfair dismissal.

However, you need to think about i) how things could be made to work better if you stayed, and ii) how realistic it would be to continue to work if you had taken them to the employment tribunal and won.

I woudl suggest you should certainly be looking for a better job but ALSO pursue a grievance over this.

if you have household insurance, it sometimes covers legal advice and this can include for an employment dispute.

[labman]

Re: Being treat unfairly by employer

I am no expert in this field at all, but there'd on those on here who will be able to help you. However, one thing I think you need to decide clearly before you do anything is what exactly your grievance is. You've raised several points above, and it may be that you want to include them all. You may just want to include the ones where you can prove they are definitely in the wrong. For example, can you prove the point about the marketing? I would say anything you raise, you need to be able to provide evidence and prove 100%.

I think it would also help you to separate out the issues as 1,2, 3, 4 etc.... So that they come across very clearly.

Don't rush into anything, you can raise a formal grievance at any time, it doesn't have to be in the meeting in a few days time.

[bluebottle]

Re: Being treat unfairly by employer

From what I have read in your post, Foxy, your employers do not appear to have complied with statutory procedures or those of ACAS. If you have not already done so, speak to ACAS who can provide you with free advice. Their website is at Home - Acas . As Springer Spaniel recommends, check your house contents insurance as many policies now provide up to Ł50,000 cover to pursue claims through Employment Tribunals. If you don't have such cover, get in touch with your local Law Centre where you can obtain free legal advice from legal professionals.

[teaboy2]

Re: Being treat unfairly by employer

Hi Foxy

As the others have said, you may have a case for sexual discrimination (even though the manager is a woman) as its clear your being given less work than your male counter part is and your hours are being reduced whilst his remain the same. Basically they are legalobliged to treat all workers equally, they clearly are not doing this as they would have to give both you and your male colleague equal hours and work load.

You may also have a case for victimisation as they seem to be trying, for whatever reason, to make an example of you.

But overall, i would tread carefully. First we need to estabish what type of employment contract you have. Are you a sub contractor providing training, or a full time employee of the said company?. Knowing the answer to this could make a big difference in what rights you have and what course of action you can or should take!

[Foxyflugel]

Re: Being treat unfairly by employer

Thanks for your replies guys.

TB2 - I have a permanent contract with this company and am an employee. I don't know why they should make an example of me as I am the best trainer in branch - no unfunded learners etc. I didn't get along with our stand in manager as she lied to me. I went to her for direction - she asked the MD - then told me half a tale in her relaying of the instructions. This was a small part to do with the disciplinary action taken - but more to the point - I proved that she had lied to me in front of the MD - and neither of them liked it. I don't think I'm unusual - not wanting to be stitched up like a kipper when I have gone through the correct channels

Also, when the verifier questioned me - should I not of had a proper investigatory meeting? with more than just me and her there? As they decided to take it to disciplinary meeting just on the report that she submitted to them (which I still have not seen!!).

I now record every call on my dictaphone between myself and her - I can't wait for the day when she tries to stitch me up and I can prove what a liar she actually is.

Foxy

[bluebottle]

Re: Being treat unfairly by employer

Foxy,

You may wish to slip the Protection from Harassment Act 1997 up your sleeve. It is very useful in dealing with cases where false allegations are being made. In fact, making false allegations against another person is harassment under the Act. There is also case law which would be useful for scaring the living daylights out of the directors of the firm you work for, namely, Mjrowski -v- Guys & St Thomas's NHS Trust 2005. This is a Court of Appeal ruling and holds an employer vicariously-liable for the actions of an employee towards another employee which amounts to harassment. Please be aware, however, that, under the Act, "any course of conduct amounting to harassment" means exactly what it says - anything your manager says or does that causes you anxiety or stress can be cited as harassment... and she and your employers have to prove that her behaviour does not amount to harassment.

[Foxyflugel]

Re: Being treat unfairly by employer

Hi everyone

I had a meeting with my Manager and she said I wanted to raise a formal grievance and she took all the details and emailed employee dept @ HO about it.

I have then received an email back from my Manager today saying that I have got to deal directly with HO myself and put the facts in my own words - to start the ball rolling basically.

In our handbook it quite clearly states that in the first instance you should raise the grievance through your manager and if it is not resolved or not to your satisfaction, it is then escalated to HO.

So why are they expecting me to do this and not follow policy - that is clearly stated in black and white?

Something is most definitely is not right here!!

Foxy

[SpringerSpaniel]

Re: Being treat unfairly by employer

Keep a careful note of all these developments.

If you need to bring a claim in the Employment Tribunal, you should claim for Wrongful Dismissal as well as any other heads of claim if you leave or are dismissed, as correct procedures have not been followed (in itself a breach of the contract of employment).

[teaboy2]

Re: Being treat unfairly by employer

Hi everyone

I had a meeting with my Manager and she said I wanted to raise a formal grievance and she took all the details and emailed employee dept @ HO about it.

I have then received an email back from my Manager today saying that I have got to deal directly with HO myself and put the facts in my own words - to start the ball rolling basically.

In our handbook it quite clearly states that in the first instance you should raise the grievance through your manager and if it is not resolved or not to your satisfaction, it is then escalated to HO.

So why are they expecting me to do this and not follow policy - that is clearly stated in black and white?

Something is most definitely is not right here!!

Foxy

Isn't the foundation of your grievance against your manager (sexual descrimination as a result of the manager reducing your hours whilst keeping your colleagues hours the same etc)?

If it is then you can not issue a grievance about them through them, but have to go above them to do so. Hence why you will have to deal with HO directly!

[bluebottle]

Re: Being treat unfairly by employer

Agree with Springer Spaniel and Teaboy. You have to deal with to those senior to the person you are raising the grievance about. This follows ACAS procedures. It is important to follow correct procedures as this will strengthen your case if it goes to an ET.

[Foxyflugel]

Re: Being treat unfairly by employer

Hi everyone

My grievance wasn't about my manager as such - as it was HO that reduced my hours whilst my present manager was off. I did bring it up briefly (the fact that she did not seem to be marketing my subject) - but she never wrote it in the grievance - so I don't understand why they wanted me to communicate directly with them - unless she called them and spoke to them on the phone!! (which she probably did and is covering her own back tbh).

I sent the email to HO and received an email reply!! I spoke to ACAS previously and they said to await the outcome of the meeting that they would arrange. I received this email which is basically a load of tripe and it just states at the bottom if I am unhappy to take it up with the MD - in the staff handbook it states 'the decision of the MD is final'.

In the email they basically refer to my disciplinary and say that this proved I was incompetent!! - and until I can prove (or they think!!) otherwise - that is the reason I am being kept to one subject. There was a supposed 'action plan' in place after this disciplinary (which involved a Manager observing my work) - this has never happened!!

The last straw which made my mind up to actually send this email was when the guy (who is on 13 learners and still working 5 days) had been allocated 6 basic skill learners (which were set to be allocated to me last year - when the other manager was still here - as they are local to me) by my present manager. I also brought this up in my email and they have basically used the above excuse again!!

They also state that trainers previous years earnings etc are taken into account. So they are saying that because of this other guy's earnings (as in, for the company, not his own personal earnings) - this is why he is still on 5 days!! However, trainers are rewarded in either a pay rise or a bonus for exceeding their target earnings and achievements -n so he has already (if applicable) had his rewards for this!! This is blatant favouritism.

They also say that I volunteered to deliver another subject - which I did - the co was new to delivering it and it was extremely badly organised and no-one seemed to know what they were doing. I had one learner that completed all his assignments but I was unable to take them off his work PC due to the nature of his job and the security firewalls etc.
He finished and then I found out that after his portfolio had been verified (not once , but twice) - he was 1 unit short of the credits needed. Apparently, they 'sorted it' at HO!! The verifier, it seems, was not held accountable at all!

I also had 2 other learners on this qualification and I was asked to give them to a new trainer that came as he didn't have any learners at all. I agreed and that was that. They got rid of the trainer (they had cut his days down to 2 days!!) and I was asked if I would take them back and get them finished - which I agreed to. I finished these learners, no problems, job done.

In the email from HO - they say that it was mutually agreed that my delivery of this qualification was curtailed as it was not up to standard!! This is knowledge to me!! - I was never informed of anything and when my manager asked me to take these learners back it was way after the 1st learner that I had the problems with. Moreover, when I got the learners back they had completed very very little as the trainer had been skiving - which is why they got rid of him. I finished the qualifications with them.

They also state things of which they are 'aware' which are the ones that they have cherry picked and which suit them!
For example, they are aware my manager has requested that I confirm my materials are in place for classroom sessions but they are unsure as to what position this is at.

This is obviously another excuse for my manager's actions - as I copied her into my email and she sent me an email a short while afterwards - requesting that I confirm that I have the materials in place for my subject and she will then start to market my subject. I replied saying that they had been in place since the beginning of April for my 'supposed' classroom session (which was barely marketed - I was given a folder to call the people - and 1 learner turned up - who has since stopped attending) - and I had confirmed this to her at that time.

Now my other problem is, it is blatantly obvious they are trying to make me leave/make my life difficult - if I do leave - how do I stand with regards to a reference? as I think the written warning from the farce of a disciplinary stays on my record for 12 months - which would make it expire in Oct of this year. To be honest, I wouldn't put it past this company to be spiteful as it's full of jobsworths and particularly the dolls head in HR.

Do I call ACAS again and let them know that no meeting has been arranged?
Do I reply to the dolls head in HR's email? - setting her straight and making her 'aware' of the things she claims she is not aware of - as as per usual her emails are snotty and contain false information.

Thanks

Foxy

[teaboy2]

Re: Being treat unfairly by employer

Yes contact Acas and inform them of recent developments, then let us here know what Acas say.