Notice and discrimination

[fletch70]

Just a bit of background.

My partner works in a national business and has been there for over 10 years and is one of the most senior people in his role and produces some of the highest sales. 

 

Over the last few years there have been a series of internal promotions, these have always gone to 20 something women . In addition, just prior to each promotion, my partner and another senior male colleague get called into the office and told they are not performing- therefore used as a reason not to promote.

 

The day before he went on holiday , my partner was again called into the office and told his performance and attitude with customers was appalling and if it was up to her (the store manager) he would be disciplined. No evidence was given and additionally, he also has some of the best and most consistent feedback in the office.

 

While on holiday he decided enough was enough and has resigned, he has given 8 weeks notice and the contact stiulates 12. The store manager has insisted he works all 12 and he is saying no he will leave at the end of August 

 

Questions,

a)what if anything can they do?

b) Come the exit interview should he tell it as it is?

 

My head says leave when he says and make a small point but not both barrels

 

 

Rant over 

 

[honeybee13]

He could have a problem with the notice period if his contract says 12 weeks and he can't negotiate down to 8 weeks.

 

From memory, the employer could have a case if they incur costs taking on someone else because your partner has left them short of staff, but the employment guys should be along to comment for you.

 

HB

[Emmzzi]

HB is quite correct about notice.  I might be inclined to discuss bonus and 12 weeks... get something in writing that any discretionary bonus will be paid if he stays.

 

re: exit interview: you can just refuse to have one. If it's all anger, then there is no point. Never burn a bridge you can leave standing.

[fletch70]

Hi

yes thanks for the advice. I think they would struggle to justify lost revenue or costs when it is a national chain with multiple sites and a telephone operation.Quantifing loss would be almost impossible. They are points to take on board.  In addition , the same store has just let an assistant manager go with 3 weeks notice and historically there are plenty of people who have not worked their notice with no comeback. 

 

There are are some possible options in the pipeline. 

 

As as for the exit interview it is a hard one, blantant sex and age discrimination . She appoints young women who tend to be more open to manipulation. There are no young men to promote because she doesn’t hire any 

[ericsbrother]

so does partner want to insinuate that they would be likely to take the matter further if they arent allowed to go in 8 weeks? i would be looking at the contract closely.

Dont forget to account for any holiday that has been accrued and take that at the very end of the notice period

[king12345]

He might even feel sick come week 8, you never know.

But i would stick to the contractual terms of 12 weeks.

[fletch70]

This is an interesting point regarding the contract and terms and conditions. It is only available via work pcs and there is no possibility to download or email it. 

 

Frankly he is considering a bullying/discrimination claim I think but I cannot speak for him really. They have said they don’t recognise unions although he is a member of unite . 

 

He may just have to self certificate for a week although they only pay SSP great employers that they are. 

[ericsbrother]

doesnt matter if they dont recognise unions, if he gets in touch with his branch or regional officer and asks the legal team to look at it they will have to take notice of the union lawyers!

 

the sooner this happens the better because it will take some time for them to investigate.

As for employment terms you can print them off and if you cant then he asks for a copy in a printable format. He may have to do a SAR to get this but getting all of his other personal data will be useful should things not go well before his last day. His manager may very well then work out which way the wind is blowing and start being nice before she gets her name in the papers

[fletch70]

Gets better 

Today he was told he can finish at the end of July to which the answer was of course if you pay me. 

 

They will I’ll struggle to argue a loss if they offered to let him go early. 

 

But I will pass on the messages 

[honeybee13]

So does your partner want to be paid to the end of this month or after that?

 

HB

[fletch70]

As far as I understand it, he wants the leave date to be 30th August be that with gardening leave or without. Obviously if they offered gardening leave for the full notice period that would be snapped up but realistically that is a non starter.

 

Leaving at the end of July means the loss of one full months salary which is not to be sniffed at. I have suggested making a GDPR request , not least as it will flush out if the manager has actually been talking to HR/head of Sales as claimed or if she is telling bit fat lies.

 

I don't think there is any holiday outstanding and some will have to be paid back anyway due to it being used for a fully funded business trip/perk. 

[Emmzzi]

I’m struggling with why you think it’s fair for him to vary the notice period, but not them.

[fletch70]

Sorry I thought I had answered this and I understand why you are confused. 

 

My understanding is that as far as he is concerned this is a compromise. On one hand he place a grievance against his manager for bullying; she made out several people had complained against him whereas in fact, she had gone asking specific questions which is not the same thing. There is enough evidence to at least make a claim to an ET but this is not the path he wants to go down.

 

There is a lot more to this than what I have written for fear of identifying the company etc. He is also one of the few people to have refused to sign new contracts which would have led to a significant cut in salary (this is not because the company is struggling, it continues to make substantial and record profits).

 

The manager is a complete control freak who displays psychopathic tendencies (this from a member of staff who is trained in psychology), so not the common view of psychopaths being deranged murderers but in the clinical definition- just as many lawyers or even successful business people are. 

 

He really isn't expecting gardening leave but at the same time, when they have allowed people to leave at times when it suits that individual (provable) without any consequences, it would be wrong to try and make one person a scapegoat.

 

It doesn't help the manager has apparently been told to expect several more resignations in the coming months due to her behaviour (not by my OH I should hasten to add)

[fletch70]

Just thought I would update, Unite the union have now intervened although initially at a low level.

 

They have contacted HR at the firm asking them to deal with it in order to stop Unite getting involved