Advice needed on tricky situation on discrimination

Anonymous

March 16,2023 at 1:13PM UTC

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Advice needed on tricky situation on discrimination

I have am quite senior in an organization , I lead a team of 16. We have a new director in role, for about 1 year now. He is great to work with, if a little erratic sometimes.

I have a very diverse team, my team have the reputation in the business as high performing. Recently new director has been making it known he thinks the team is too big and should be focussed on different priorities.

I have someone in my team who was the only member who graded end of year performance as 5/5. She’s been there years and has a great year last year. This score is calibrated at board level, with evidence so not just my opinion. She is 2 years from retirement.

today she rang me near tears. I asked what was wrong. She said on our director had just had a protected conversation with her that as she was near retirement she was offering her either a lowered graded job for 1 year OR a settlement.

so 1 - I had no idea this was happening to my team. 2 - it was a protective conversation so I shouldn’t know about this. 3 - I feel absolutely terrible that this discrimination is taking place.

Lastly, this person is high performing!

what on earth do I do?

im in the UK FYI, worth stating as I see a-lot of US advice on here.

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AnonymousMarch 16,2023 at 1:28PM UTC
As your employee is a very strong performer, and sounds like over forty, I suggest she speaks to an employment attorney. She should also document everything and keep hard copies of all her performance reviews, achievements and recognition.
BeaBoss979975March 16,2023 at 6:29PM UTC
Keep those hard copies at home! I'm sorry this is happening to her. It is a really horrible thing to do to her.
AnonymousMarch 16,2023 at 2:06PM UTC
I would have her seek outside counsel for age discrimination. The counsel can write a letter outlining the legal claim and demand it cease and that any retaliation will be dealt with in your courts.
Joyce Breitweiser HallMarch 16,2023 at 2:39PM UTC
Since they offered her a settlement, it sounds like they want her to quit or retire early. I would suggest she hire an attorney to negotiate the settlement for her so she can protect her retirement status and benefits. Perhaps the attorney could negotiate 2 years pay or a contract to keep her working until she is eligible for retirement. If management wants her out, it would be smart to do it on her own terms.
Christi LopezMarch 17,2023 at 1:01PM UTC
Definitely agree with everyone suggesting she seek out legal assistance. If she can't afford a lawyer, perhaps a local university law program might be able to provide assistance.
AnonymousMarch 17,2023 at 6:48PM UTC
In the UK alas there is not the age protection that we have here in the US. I would advise that if you feel strongly that this person needs to be protected and it would not harm you directly then speak up. Speak about the value of this person and the fact that they have added a massive jolt of positivity and strength to the team. I assume you report to this director and so that may put you into a bad spot if so, so please choose wisely with your words. Ageism is a thing and unless you speak out and show how losing this person will negatively affect not only productivity but morale and company goals there isn't any easy fix. Good for you for being a kind and caring manager enough to protect and take care of your people.
Liz MilneMarch 18,2023 at 12:22AM UTC
In the UK, age is one of the 14 protected characteristics - there's definitely a case to be made for this employee
AnonymousMarch 18,2023 at 1:30PM UTC
In the US too.
Liz MilneMarch 18,2023 at 12:20AM UTC
If it was me, I would make a huge stink about this employee being forced out before she's prepared to go. Do check with her that it's okay for you to mention that she disclosed the conversation with you. Find out what the director is up to, and ask why he's doing all this secretively, rather than out in the open (or at least discussing with senior management, such as yourself) and ask why on earth he's trying to get rid of the highest board-rated member. If it's because she's had a pay rise every year and is now on a great salary and he's looking to cut costs without considering her value to the company, then he is pathetic and you should all walk out on him... Ageism makes me furious, especially when priceless expertise is thrown away to save a penny or two... >:(
AnonymousMarch 18,2023 at 12:36AM UTC
She needs an attorney ASAP. Reputable ones will do a consult for free.
AnonymousMarch 18,2023 at 12:34PM UTC
Fire your director and preserve the wellbeing of your office.
AnonymousMarch 18,2023 at 9:50PM UTC
Yeah that person is a major liability.
Ayse BasakMarch 18,2023 at 1:08PM UTC
I am reading all the comments and the question if she goes to an attorney how she can prove what she was offered?
Maybe one way could be talking with your director as you heard nothing about this protected conversation, and having a conversation about the purpose of organization and how well your team is contributing to the achievement of the purpose. Asking him what does he think about what the purpose is, how your team is contributing.
Asking questions is the power.
Then you can bring to the table that she is 5 star and she is doing really well, then asking about the reward for her and the other team members doing well, This approach can help your director:
1- to see the whole picture, 2- your team`s contribution, 3- reward for high performance.
On your side, this may help you to better explore and understand where your director is in terms of thinking and acting.
How does this sound?
Also please remember reaction always creates friction and tension.
Louise ByrneMarch 18,2023 at 1:15PM UTC
Is it worth having a confidential conversation with ACAS (UK) from an employers perspective (and employee in your situation and that of your team member)?
What’s your relationship like with the Board, is there another Director you can talk this through with or a HR person? Bit surprised that he’s had that chat with her without talking to you first and he may have been sounding her out, but it’s very poor behaviour, setting the company up for a costly settlement if not handled properly.
GirlBossanova934974March 18,2023 at 1:32PM UTC
You need to be very careful here. I am in the USA and settled an age discrimination lawsuit last June for over a £150,000. Based upon you have stated here, I believe your Director has committed a fairly blatant act of age discrimination in the USA or the UK. The employee was singled out solely due to her age! The only thing that might be of assistance to the firm is that nothing has been put in writing. Now that you have been informed of what occurred. you could/have become part of any legal matters. My recommendation is that you immediately inform your company's Solicitor. Please be very candid with the Solicitor. As we say in the USA, it is damage control time.
AnonymousMarch 19,2023 at 1:12PM UTC
I would suggest you advise your employee to seek a Solicitor's (outside the Company) advice because her interests need to be protected. You can speak to your Company's Solicitor / In House Counsel but I think YOU need outside legal counsel representing YOUR best interests, too. You are a conduit for both sides and therefore a big TARGET. It's too easy for you to take an uninformed action that harms yourself and your employee. Always remember, unless you're the Company's Owner, you are susceptible to any fate a regular employee is susceptible to there. The Company cares about itself not you and not your employee. Lawyers are advocates. Your Company's Solicitor is the Company's advocate not yours or your employee's, full stop. I wish you the best.
Leo FrenchMarch 18,2023 at 7:50PM UTC
It seems to me they have a year to find new job I think that's worth investigating.
AnonymousMarch 18,2023 at 8:59PM UTC
My previous employer did the same to me (I was 63) and my coworker of same age. The administrator offered us lower positions and agreed to keep / preserve our administration office salary for 2 years. Of course somehow others in the organization found out we were receiving a much higher pay level while they received entry level pay. It caused myself and coworker to have targets on our back, resentment and daily backstabbing in the department. Horrid manager who favored her existing team would belittle us each time her existing team complained about us for ridiculous things. Rather than going through the trauma of an ageism legal process, we decided to stick it out for the 2 years at preserved salary. I took a month paid stress leave at the end of the 2 years, found a new job in administration at much better salary and love it. My coworker retired just after she turned 65.Thank you for standing in the gap for your employee. Praying she gets the justice she deserves. It is disgusting how so many companies lay off long term employees so they don't have to pay them what they absolutely deserve, including medical insurance claims that come with older age. Sickens me!!!
AnonymousMarch 19,2023 at 6:08PM UTC
So sorry you went through the same thing. It’s unbelievable what’s happening, the amount of training courses I’ve been sent on on leadership that preaches just the opposite of situations like this!!
iM going to take the advice of one of the other posters and have a word with one of the legal directors, at least then I’ve declared what’s happening and will take their guidance if there is any.
really appreciate you sharing your experience, thank you x
AnonymousMarch 19,2023 at 9:43PM UTC
The sad thing is that if you are in an 'at will' organization, you have no one in that place to back you. HR sides with the employee's boss(es).
Best of luck to you in navigating the best course of action.
IntentionGirl299847March 18,2023 at 10:28PM UTC
Doesn't the UK have a labor board to protect people from age discrimination? Not a clue what a protected conversation is, but sounds like it protects the business and not the worker. Sick the law on this supervisor and go from there.
Linda BlackmoreMarch 19,2023 at 6:43PM UTC
In the U.K. if this director is going with the reason is that the team is too big and wants to reduce via redundancies (actually pressured ones), they then have to have a process of looking at everyone on the team and be able to demonstrate why the chosen person/role is the one that needs to go. Otherwise if this is actually age discrimination disguised as a team reduction, and this process has not happened, said director has put the company at risk. It’s important you communicate what has occurred to the Board and suggest your team member contact an employment solicitor.
Catherine RecardiMarch 20,2023 at 12:25AM UTC
She should contact an employment lawyer ASAP, with well documented backup.
AnonymousMarch 20,2023 at 2:15PM UTC
Wanted to chime in with my mom's best friend's experience. She was a senior on the team when a new owner took over the business and the summarily fired all the older workers. She sued for discrimination, won and retired with a nice nest egg. I wish you all the luck and all the best with your situation!!!! <3