is this discrimination???

[vts1]

*is this discrimination???

Hi all i am new to this site, just registered because im having some manager issues at work. I work nights for a parcel company. I have always got along with the manager, up until now!!! Recently we had some major changes in the times that the trailors turned up with the parcels, which means that on the odd day they expect us to work abit of overtime. No one has ever asked us to work overtime they just take it for granted that we will stay. Recently i started walking out at my finish time. (7.00am) the manager didnt like it and i explained that my partner has to set off for work at 7.20 am so i need to finish at 7.00am. The first shift in our working week is a sunday night where we normaly finish early because all the night work is done ( usually between 5.30 and 6.00). Sometimes we also finish 20mins early in the week aswell. My manager is making me stay till 7.00 everyday regardless of what time we get finished even though everyone else including the nights manager is going home early. He is making me stay and work for the days manager until 7.00am. Because i am the only member of staff whos partner sets off for work at 7.20am and i have to finish at 7.00 i feel i am been singled out, this week is the first week of my disputes. He saw me this morning signing out at 6.45 am and told me that my finish time is 7.00am and he put a line through my signing out time, so get some work done. I really lost my temper and we squared up to each other. He is stuborn and i am, so im not sure how this is going to end. I could cause problems for him at work by stopping work dead to ask for help lifting 60kg parcels which we normally do lift by ourselves but will this make things worse??? I am contracted to 40hrs per week which is why im not sure where i stand. Its just the fact that he is only doing this to me because of my partners working hours and i have to finish at 7.00.
It will be interesting to read some replies.
Thanks

[Kati]

Re: is this discrimination???

[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION] ... any advice ??

[Berniethebolt]

Re: is this discrimination???

Why do you think this is discrimination?

As long as the manager is making you work your contracted hours I think you would have a hard job to make this stick . If you fall under one of the protected characteristics and are the only one in the workforce you might be able to make a case but.....

[FlamingParrot]

Re: is this discrimination???

IMHO I can't see how this could relate to discrimination. Discrimination refers to being treated differently or being put at a disadvantage because of a protected characteristic. Having a partner that starts work at a certain time isn't one of them. The protected characteristics are defined in s.4 of the Equality Act 2010: http://www.legislation.gov.uk/ukpga/2010/15/section/4

4 The protected characteristics

The following characteristics are protected characteristics—

• age;
  
• disability;
  
• gender reassignment;
  
• marriage and civil partnership;
  
• pregnancy and maternity;
  
• race;
  
• religion or belief;
  
• sex;
  
• sexual orientation.

Having said that, I'd have thought 60k would be too much for one person to lift.

[vts1]

Re: is this discrimination???

Ok then not discrimination. But is he allowed to single me out like he is just because im the only one with a partner who starts work half an hour after i finish???

[Berniethebolt]

Re: is this discrimination???

Hi
I would personally say no. It is not your managers fault that your domestic arrangements are such and you seem to be insisting on finishing at your contracted time with no flexibility so he is just following suit. I do think that the H&S issue of 60kg could be challenged , that is down to you. Are you in a union?

[stevemLS]

Re: is this discrimination???

As others have said, I can't see how a discrimination claim could be founded on your partners working hours.

It seems to me, tbh, that you are expecting no give (not able/prepared to work a little over your finish time) and all take (want to knock off early if work finishes). In my experience if there is a mutual respect for give and take that can work well, but not the situation you describe.

If you have got to the point where you have "squared up" at each other this does not sound as though it is going to end well.

The long and short of it, though, is that you have no right to knock off early. Presumably others are prepared to work a bit over if necessary?

[vts1]

Re: is this discrimination???

I am not knocking off early, i am walking out after my 8 hour shift but because of this on a monday morning he is making me stay to do my 8 hours when everyone else is only doing 6.5 hours. So basically if there is no overtime needed in a week, i am doing 40 hours and my colleagues are only doing 38.5 hours.

[mystery1]

Re: is this discrimination???

Do they get paid when working over the contracted finish time ?

M1

[judgemental24]

Re: is this discrimination???

Is it in your contract of employment about doing a reasonable amount of overtime? there normally is such a clause, even unpaid overtime.

What you are describing is "Banking Hours" The employer cannot do this unless contractual provision allows

It is up to the employer to make sure you work all "Paid for hours"

Allowing you to go home early on xyz day is a perk and a managerial decision. Making you work xyz day your full duty hours on xyz day is a contractual term.

Take my advice and stop this or you will find yourself on a conduct disciplinary. Squaring up to to a manager is Gross misconduct and a dismissal offence. If you are not happy with his position and opinon raise a grievance. Though in this case i would advise against it

Your employer has no responsibility for your domestic arrangements unless as previously stated a protected characteristic is involved

[Berniethebolt]

Re: is this discrimination???

I Squaring up to to a manager is Gross misconduct and a dismissal offence.

I am sorry utter rubbish
Having a disagreement with a manager is most certainly not gross misconduct, at worst it could be misconduct
However I do agree with you that this is best dropped. It is possible that the manager is letting people go early unofficially and if you turn it into a grievance and a stop is put to it then you will be really popular with your colleagues won't you.

I think it is more a case of a manager being flexible and the you scratch my back I'll scratch yours -this happens in all businesses. I have always found the more cooperative you are, the more you can push the boundaries.

[judgemental24]

Re: is this discrimination???

Failing to follow a managers reasonable instruction is and will be Gross Misconduct

It is how you define Reasonable

The normal procedure will be a 5 minute time out when things get heated

What has been described here seems personal now between this employee and a certain manager

[Berniethebolt]

Re: is this discrimination???

Judgemental
maybe failing to follow a managers reasonable instruction is gross misconduct where you work or have worked but remember contracts vary as do definitions of misconduct and gross misconduct.

Also failing to follow reasonable instructions is a million miles away from squaring up to a manager

[vts1]

Re: is this discrimination???

Thanks for your advise people, hate to say it but might have to bite the bullet.

[FlamingParrot]

Re: is this discrimination???

Thanks for your advise people, hate to say it but might have to bite the bullet.

Bite the bullet and do what?