Hey Guys, I started a job at a store a month and a half ago and get along really well with the team, and have reached my first set of targets (Which should have been half of what they actually are). My manager has spoken to me and has told me my regional manager is thinking of making me to move to a different store as hours are being cut at our store. The thing is a new girl is starting soon, and I've asked why this girl is not being transferred as she hasn't even started with the team, and hasn't been through training yet. The response to this, was because she is a girl and the store doesn't have enough girls working in it. As far as I'm aware, moving me, and not her due to our gender is illegal and makes me feel like I'm being hard done by. Especially as I earn commission, and am in a busier store, so that will go down moving to a new store losing me money. Just looking into if it is illegal what's happening to me, and what are your thoughts about it? Cheers
That reason is not legal so let them know it's not. The worst they can do is fire you which would go down like a lead balloon in court.
It depends what's in your contract - if it says that you are employed by the company as a whole and that they can deploy you wherever they like then it's within their rights to move you where they want...
This is true but the excuse given was because there wasnt the hours so to say that and then to take someone else on after moving someone is against the law. it falls into the same category as making someone redundant from a job thats not there and then taking someone on at a later date for that job within 6 months of the original act.
First things first, have a look at your employment contract - it may be that they can transfer you without reason, in which case the guy should never have mentioned needing an extra girl in the store as it actually gives you some leverage you didn't have until he mentioned this. But probably not enough, as he could just deny it and twist it so that you appear to be the one with a gender bias, not the store. As andrew8200m said, the first thing to do is talk to them, let them know that (in your opinion) it's positive discrimination, they're choosing to have a girl over a boy, purely because she's a girl and not on any other merit. Whilst they may have an employment policy to try and keep a set percentage of female, disabled, old, whatever employees equally distributed across their stores these things can't be rigid otherwise they fall into this trap. They can't fire you for this conversation - though you could hand in your notice if you wanted - and if they try then point out to them that it'll look like they're getting rid of you to fill up their "girl quota" and we're right back to positive discrimination. Discrimination: your rights ***double ninja'd!***
If he's full time and the person replacing him isn't then they could argue that a full time position is redundant... This is also presuming that she is coming into the organisation in the same role as him.
Although not applicable in this instance, I do wish people wouldn't quote the "6 month rule" because there isn't one! If someone is made redundant the exact same position can be refilled shortly afterwards if, for example, additional work is taken on by the company, maybe they win a new contract etc, that requires additional staff. Or they can put someone else in the role provided the overall headcount has reduced. Or they can tweak the role .........
While they can't fire for this specific conversation, there may be a clause in the contract that says they can fire for "no reason" within a probationary period. So, my advice is to look very carefully at your contract.
Depends on the job the girl is doing might not even be the same role. if your contracted to the company as a whole your screwed as they can send you where they want to without notice. If your still in probationary period you can not really say no either.
Update today: Got told she's being sent to the different store and not me as my manager wanted me to stay anyway Thanks guys
