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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have worked in my nursery as a deputy manager for 17 years

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I have worked in my nursery as a deputy manager for 17 year's now. I started as a student and worked way up through management. I then had my first child 5 years ago and had a year maternity leave. When I went back as it was part time I didn't think it was fair to take the role back off the girl who covered me so we share the role now and have been for 5 yrs. We were a term time only nursery doing pre school hours up until 5 yrs ago when we moved to a full day care nursery. Myself and the other deputy were both term time only as we both have children. The manager has seemed to favour the other deputy by being quite easy going with her. For example I went through a stage of having child care problems but my boss wrote me a letter telling me that I couldn't change my hours otherwise I would lose my post as because it was a shared role one of us had to do the beginning of week and one at the end of the week. So I accommodated that. But then she brought the other deputy more hours on my days. Even though I was told we needed our own time to develop. That is just a few examples of what is going on .
We both got called in office to b told her 5 year plan that one of us will be made redundant as she wants one of us to have a full time contract. But I think she has already made her choice. Even tough she has said that she will get someone outside to do interviews. But she has still got final say. She has gone on holiday for 2 weeks got the other deputy doind 8-6 mon-fri even though im there without even telling me. She has been getting the other girl to help a parent set up a p.t.a and getting her to do all the home visits to new children starting. Instead of sharing the role as she apparently doesn't know who will go for job or who will get it. She knew I was struggling With child care as it is as I have been asking for abit of a jiggle around so I think she thinks I won't go for job and then the other girl gets it by default. Is this being unfairly treated after 17 year's ?
But we were both
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. I presume no decision has been made yet and you are waiting for the employer to start the formal process at some point?

Customer:

Meeting to be held on the 20th of May

Ben Jones :

There are various issues which may suggest that you are not being treated fairly but at this stage it may not be that easy to pinpoint and show with certainty that what you believe may be happening is definitely the case. That is one of the things that only time will tell and you will have to see how things unfold.


 


Whatever the case, if your employer is trying to make you redundant, they must ensure that this is done fairly and following a fair and objective procedure. Even though the boss may have the final say, they still need to show there has been a fair selection method used to come to their choice of who is to be made redundant.


 


For the time being the employer’s actions could be construed as unfair treatment if it is clear that you are not being treated equally or given the same opportunities as others, or directly being overlooked for specific things. How you deal with that is up to you – the first step is usually to try and resolve the issued directly with the person responsible, following it up with a formal grievance if needed. However, after that the options become somewhat limited and short of resigning and claiming constructive dismissal, you are best advised to leave it and see what the employer does with this redundancy and then challenge any potential unfair dismissal that may result, depending on their reasons for potentially choosing you.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Yes thanks

Ben Jones :

you are welcome

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