Discrimination in workplace, help please

Discrimination in workplace, help please

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Discussion

bennno

11,650 posts

269 months

Saturday 11th March 2023
quotequote all
Bunting2010 said:
Discrimination.
Thankyou for any help

Would the following count as discrimination.

My job as a manager for a small team in the UK, taken to Amsterdam, the companies HQ. Companies explanation, higher management want to create singular management enabling closer collaboration by taking the role to Amsterdam.

My angle, discrimination due to location.

My old manager put’s me unfairly under a PIP, as I had complained about him years back, would this count as victimisation & injury to feeling under discrimination laws.

I’m finding it difficult to house the examples under the protected characteristics being.
Age, gender reassignment being married or in a civil partnership being pregnant or on maternity leave disability race including colour, nationality, ethnic or national origin religion or belief sexsexual orientation
Are you being asked to relocate to Amsterdam to continue your job, or are you being told your job no longer exists in the Uk?

If your job no longer exists are they offering you an alternative, or proposing a redundancy package?

How long since they announced this, what timings for the pip, how do they instigate a performance improvement plan if you have had your role taken away from you?

[How long have you been in employment with this company, presumably it’s over 2 years?]





Edited by bennno on Saturday 11th March 12:59

MBVitoria

2,395 posts

223 months

Saturday 11th March 2023
quotequote all
Tebbers said:
Sounds like you’re trying to shoehorn your situation into a discrimination claim without any cause.
Nail on head.

Sorry OP but from what you've said this isn't discrimination in the legal sense.




Jasandjules

69,894 posts

229 months

Saturday 11th March 2023
quotequote all
IF you were put on a PIP because you complained about him you might have a whistleblowing case. It will depend on what you complained about etc..

vaud

50,503 posts

155 months

Saturday 11th March 2023
quotequote all
A call to ACAS would be a possible first step, but before doing that (or calling a solicitor), build a file:

  • Employment start date
  • Roles held
  • Job description
  • Contract
  • Communications / key meetings and any notes (in chronological order)
Don't worry about the legalese yet, focus on good notes and who said what to who and when, it will make it easier to follow for the recipient.

The spinner of plates

17,698 posts

200 months

Monday 13th March 2023
quotequote all
Thats What She Said said:
Negotiate a good redundancy package,
It's what I would do.
Sounds harsh OP, but from what you've shared it doesn't sound like they see you playing a part in their future.
Even if you win, working for a company that doesn't want you there would be awful IMO.

Sometimes you have to take stock of how strong the tide is you are swimming against.
It takes time, energy, resource and resilience to fight it.

Personally I'd put all of that into ensuring I walk straight into the next thing having negotiated a good a deal as possible on the way out.
And even if you can't negotiate a good deal, you're still onto the next chapter with a 'build' mindset rather than 'defence'.

Good luck though.


dundarach

5,037 posts

228 months

Monday 13th March 2023
quotequote all
To be discriminated against, I would imagine you'd have to have a protected characteristic, which I can't imagine location is.

(Well I'm hoping it is, but I live in Hull)

They're simply relocating overseas, this happens all the time.

As others have said, if you don't want to go, offer them a nice settlement agreement, you'll walk away for £x

If it's only you, it'll be easier and cheaper for them to pay you off with a great reference, but don't be silly in what you're worth.


StevieBee

12,890 posts

255 months

Monday 13th March 2023
quotequote all
Bunting2010 said:
My angle, discrimination due to location
There is no such thing. The closest would be discrimination on the grounds of National Origin but I really can't see how that would apply.

Based upon you revealing all the facts here, there is no grounds for discrimination at any level.

A company may move any role or function to wherever they wish. Whilst it would be nice for you to have been consulted or at least given the opportunity to move with the role, there is no obligation upon them to do either.

If this means you no longer have a role, they must either provide you another role at the same money or make you redundant according to the terms set out in your employment contract.

Your comments regarding the PiP are subjective. It may be unfair to you... but is it really? Until such time as the PiP has been concluded, you cannot determine the reasoning beyond what was originally stated.











vaud

50,503 posts

155 months

Monday 13th March 2023
quotequote all
The spinner of plates said:
It's what I would do.
Sounds harsh OP, but from what you've shared it doesn't sound like they see you playing a part in their future.
Even if you win, working for a company that doesn't want you there would be awful IMO.

Sometimes you have to take stock of how strong the tide is you are swimming against.
It takes time, energy, resource and resilience to fight it.

Personally I'd put all of that into ensuring I walk straight into the next thing having negotiated a good a deal as possible on the way out.
And even if you can't negotiate a good deal, you're still onto the next chapter with a 'build' mindset rather than 'defence'.

Good luck though.
^^^this, being practical