Agism unfair dismissal at work!

[evo801]

Hi all,

Please can someone help.

I am 22 and i was employed 1.5 years ago at my current job as a junior as the youngest employed is about 23-24 (i was 20 at the time)

On friday i experienced the shock of my life, after 1.5 years of being loyal, professional and instead of the 8:30-6 i was working 7-10pm.

2 colleagues from HR sat me in a meeting room and asked me to hand in my notice. Their excuse was that they need to employ more seniors and that in a years time, i would be welcomed back to the company with open arms.

Now this has to be unfair dismissal, either they don't want to make me redundant as it'll affect the reputation of their business or they just feel that having young team players is bad for business?

We are moving new offices and currently have 80 employed, the new office will house 140 easily so it cannot be because they do not have room for me.

If anyone can please assist me in fighting the fight as i know i'm right!!

Many thanks

[evo801]

Also just to mention in the 1.5 years i achieved 3 higher positions and lost my junior role within 3 months of starting.

Other colleagues are now scared for their jobs as they saw how much of a hard worker i was...

[Sagacitas]

I would suggest that you go and see a lawyer ASAP.

Richard

[plasticpig]

Sounds very weird to me. They cannot make you redundant because the position is not redundant. You need to ascertain what compensation is available for your sacrifice if that is what you choose to do. Start at a very high number say 3 years salary and see what they want to negotiate down to.

[edc]

Procedurally it looks all wrong but this could be a genuine redundancy. But, if only 1.5 years service then no statutory redundancy payment.

[pgilc1]

Sounds all wrong to me. I cant see any HR department seriously suggesting this.

Are you sure you're not missing anything out in what you're telling us?

Apart from anything, dont resign.

See what they do next.

Edited by pgilc1 on Monday 11th August 19:45

[shadowninja]

Sounds very dodgy if they really are doing this. Ask for confirmation in writing.

[DanL]

evo801 said:

2 colleagues from HR sat me in a meeting room and asked me to hand in my notice. Their excuse was that they need to employ more seniors and that in a years time, i would be welcomed back to the company with open arms.

How odd - effectively they've told you they're not going to make you redundant and have no grounds to dismiss you, but they'd like you to jump ship for the good of the company. I suggest you tell them to get lost - getting a new job could be tricky in the current market, and in my experience any company will happily stab you in the front when it suits them. When was the last time they did you a favour of the size they're asking of you?

The long hours trouble me though - you're good at your job, I assume? You're not having to work massive hours just to do the job someone else could do in 9-5?

Dan

[evo801]

Trust me i work ridiculously hard because A) i love my job and what i do and B) i get more exposure to projects and take more work on

I work more and have much more responsibility than a 9-5 on the same role. (this is my own choice)

I am the youngest and probably have the minimal pay in the whole company for the work i take on.

Having said this, they took me on with no work experience and gave me a probation, i passed with flying colors and went onto building great relationships with suppliers and introducing clients to the business which has earned the company a huge profit.

I have e-mail both HR members and asked for clarification so hopefully i will get a response that i can use as a hard copy.

Thanks for all your advice guys

[tobeee]

Have they given any timescales? You don't have to resign. If they want rid of you, they will have to do the work (and it's not easy). Sit back and enjoy the ride, safe in the knowledge that every extra month you're there will earn you a bit more annual leave and a greater platform from which to negotiate should they offer you money to go. Oh, and don't get lazy during this period, even though you might start to feel unmotivated. Take on more work and be more friendly and helpful to your colleagues. Give them no ammunition!

[Golfman]

A good reason also to look at setting up your own business perhaps? I was in a similar position in my early 20’s. The only way to get promoted or recognised in large companies is waiting for the dead wood to resign, they don’t always look at your talent…

[Slurms]

I'd go get some legal advice before you do anything.

It sounds like they are trying to get rid of you without either having to fire you (and give grounds) or make you reundant and have deal with all the problems that entails.

Don't agree to anything, don't sign anything

[smithsi]

Perhaps try Rich Burley he's on Pistonheads, I've used his services and can recommend him.

A decent solicitor will be able to have a chat without you having to pay anything.

In the meantime; my advice stick it out. Tell them they're not following the correct procedure and get advice ASAP.

Yours is a more problematic situation if you have less than 2 years service, so getting advice on this is a good idea.

PS Get legal advice.

[Timja]

As above - Don't resign! And make sure you keep detailed notes of every meeting and copies of all letters.... will help especially if they end up firing you and sounds like constructive dismissal route!

Also, If they try and tell you it is a redundancy thing and its a case of last in 1st out then that is rubbish and age discriminatory.

As others have said, the whole situation sounds very odd....

Edited by Timja on Tuesday 12th August 22:11

[peterguk V6 KWK]

Timja said:

Also, If they try and tell you it is a redundancy thing and its a case of last in 1st out then that is rubbish

Didn't know last in 1st out was not allowed when making redundancies..

[BigAlinEmbra]

The term junior/senior sounds like it's getting dangerously close to age discrimination for my liking.
Offer to take one of the more senior positions and don't resign.

[tobeee]

They asked him to hand in his notice, so it's not a redundancy situation (yet). I should imagine that already gives reasonable grounds for a constructive dismissal claim, as they clearly don't want him around anymore.

Keep us updated Daniel!

[M400 NBL]

BigAlinEmbra said:

The term junior/senior sounds like it's getting dangerously close to age discrimination for my liking.
Offer to take one of the more senior positions and don't resign.

This usually relates to the job/responsibilites and not age. A 50 year old can be a junior.

[evo801]

apparently they have sent a letter out to me today so i will let you all know what it reads.

Left work at 7 tonight and the whole department were still working away hard, this has never happened before!

Still i have had some amazing job offerings and a potential start up business incl clients keen interest.

I really appreciate everyones help on this, thanks for your support guys

[Timja]

peterguk V6 KWK said:

Timja said:

Also, If they try and tell you it is a redundancy thing and its a case of last in 1st out then that is rubbish

Didn't know last in 1st out was not allowed when making redundancies..

No, it's not allowed anymore - If there are several people doing the same job and you need to make redundancies you must go through a proper comparison regarding who is the best/worst.

The last in, 1st out was viewed as being age discriminatory as usually the last in will be younger than someone that joined several years before hand - Therefore you are discriminating against younger people not necessarily looking at the skills and ability to perform a role...