Indirect sex discrimination p/t worker
Indirect sex discrimination p/t worker
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Discussion

QuartzDad

2,770 posts

145 months

Thursday 2nd May 2019
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PostHeads123 said:
even if she stayed and followed the process I don’t think that will help the directors have made their decisions imo and they want her gone.
That's the nutshell.

Agree a compromise agreement, it's usually considered as voluntary redundancy and doesn't affect eligibility for benefits.


StevieBee

14,853 posts

278 months

Thursday 2nd May 2019
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Couple of points to consider.

If the issues is performance, then the company is obligated to demonstrate this through definitive metrics. For example, if she is making ten things per hour when everyone else is making 15 or if she's arriving 5 minutes late four days out of five and so on. Whatever the metric, I cannot be arbitrary or subjective. Your sister has the right to review these metrics and consider reasoning and its then up to the company to accept or reject the reasoning.

Tread carefully on accusations of sex-discrimination. On this, the obligation is upon her to irrefutably demonstrate that her ability to perform tasks set is being deliberately inhibited by the management on nothing other than the grounds of gender.

It is a myth to think that companies cannot hire and fire at will. Contriving reasons to fire someone opens a company to the potential of a whole lot of unnecessary pain. They may however, do this to minimise any obligation of severance pay, But it is a high-risk strategy.

So first off, I suggest your Sister looks critically at the situation and consider if, when all things are said and done, they may have a point. If they do, suck it up, take what they offer, learn and move on.

If they don't have a point, she should stand her ground. Take what's ultimately offered, learn and move on.

Wish her well!


Pothole

34,367 posts

305 months

Friday 3rd May 2019
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PostHeads123 said:
. yet someone who only started to find things tough after having a baby they want to get rid.
So there are some performance issues, then?

PostHeads123

Original Poster:

1,180 posts

158 months

Friday 3rd May 2019
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Pothole said:
So there are some performance issues, then?

No I meant you would be lying if you said no new mother going back to work and balancing both kid and work didnt find it tough.

Benbay001

5,851 posts

180 months

Friday 3rd May 2019
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PostHeads123 said:
The reality is a women working p/t doesn’t work for them.
Do you think they would be happy with a man working part time?

tribalsurfer

1,234 posts

142 months

Friday 3rd May 2019
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Benbay001 said:
Do you think they would be happy with a man working part time?
Absolutely this. The issue with her being female seems to be inferred by you not by the actions of the company. I would suggest they want a full timer and regardless of any discrimination the issue is her working part time.

From a company perspective 2 part timers would probably work best as they could job share and cover for any leave the other has.

PostHeads123

Original Poster:

1,180 posts

158 months

Friday 3rd May 2019
quotequote all
Benbay001 said:
PostHeads123 said:
The reality is a women working p/t doesn’t work for them.
Do you think they would be happy with a man working part time?
No probably not, but due to the fact that most women workers are p/t it can in some cases (and probably not this one) it can amount to indirect sex discrimation check this case for reference,

https://united-kingdom.taylorwessing.com/en/insigh...

Title of my post is probably misleading in this case but I cant change it.

Edited by PostHeads123 on Friday 3rd May 13:48