Work wants to replace me with younger person

Lots of good advice on here, but some incorrect or misleading suggestions too!

Very few unions will be interested in taking up your case if you join just for them to fight on your behalf, their loyalty is to those who are already members and pay their dues.

You are not being made redundant if someone else is allegedly replacing you. The person is not made redundant, the job is.

If you go in with the unpleasant attitude that the person who is possibly replacing you is getting the job on the basis of 'box ticking' on BAME and/or disability grounds you will, quite rightly lose all credibility.

Call ACAS, take someone with you, ask for a detailed list of all points which are to be raised at the meeting, before the meeting.

Do not quit, do not leave your job voluntarily for you will lose all entitlement to state help until you find a job.

Good luck, keep us posted!!

Make sure that you have someone else in the room with you on your Zoom meeting in case it gets personal. They should take notes. If the others object then tell them that you are entitled to a witness. If you have problems then I suggest that you contact acas for help. Don't let them bully you and don't submit to ageism. Good luck.

I'm afraid this is standard practice when a company discovers it's paying a senior worker over the odds for a job a junior could do for less money. You probably won't keep the job, but a union might help you get a better severance package. Yes, there are a lot of young non-White British in the job market at present, and positive discrimination does exist.

You have some excellent advice on here. I think it needs to be stressed that you must not bring your concerns about the new employee into any argument. As has been said, that is none of your business at this stage and can only be mentioned if you were to be made redundant and you could prove she is doing your job,

I think this could be constructive dismissal. I think you should consult the Citizens Advice Bureau for help.

To my knowledge you cannot be dismissed because of your age, but if your company can find evidence of misconduct they might have a case. Take it further.

Hi
Before you do anything download and print any and all of any
emails you have been sent over the years you have worked there and have had a computer and email system as when the
hits the fire the first thing your firm will do is cut off your access to the works email system.
You need to keep notes on everything said or written to you
This notes made at the time are admissible at any further tribunal if it comes to that.
You must as others have not agree to zoom meeting until you have copies of any complaints against you. if these copies are something you have never seen before check if you can where and when they were written and who was supposed to deal with them.

When you have all your information at hand and have carefully read it all.Then make sure the person you take to the zoom meeting understands they must write down everything said in the meeting if you have a friend who can do shorthand
so much the better.
Also check your contract and make sure there isn’t a clause saying your can only take another member of staff to a disciplinary.
You need to know whether it is a disciplinary meeting as well.
This was my job before I retired so hope the employment rules haven’t changed.
Be respectful and calm at the meeting don’t allow yourself to get riled it will only make things worse.I know it’s hard but it’s in your best interest.

You are ‘dead man walking’ over the age of 50 in most professional jobs. Do what it takes to get a good severance payment.

If you belong to a union contact your union rep , if not perhaps you should seek legal advice .

I have suffered as you. If you have unprincipled management and they’ve decided against you they will find “ evidence” to discredit you. I fought the dreadful manager who was trying to get rid of me because I spoke up against her vile activities at meetings. It cost me a nervous break down but I kept my job. now I wish I’d done what quite a large number of good colleagues had had the guts to do: leave that awful institution. I stuck it out until retirement, but I still seethe at the injustice. Of course, these days it isn’t so easy to find another job. My thoughts & sympathies are with you.

Would you be allowed to have copies of the texts you are accused of sending? You will need to think back to those moments- why you said what you said and what your intentions were at that time. I would write and ask for details of the issues they are raising. I believe that intentions are important in this. I’m guessing they have something recent to talk about and they will draw on the past as evidence of an ongoing situation. Take someone with you fir support. Do you know who you have allegedly bullied? Do you keep or delete texts. You may need to make your own complaint about the complainer. Surely you know who it is?

Sorry about my spelling false nails got in the way Ok PS you must have a witness in all encounters dont be afraid of the Zoom interview but delay it until it suits you

If these accusations go back years, you should
a) ask for the dates, specific incidents, who complained and what action they took, in writing, before the proposed meeting.
b) If there truly were allegations ‘going back years’ any action could be out of time by now. I am not sure of the exact period, but I think three months is the time limit for raising issues because you have not previously been made aware of any misconduct.
c) Do not rely on text messages. Put everything in writing. Hard copies - these cannot be altered or tampered with. As far as possible record all conversations, day, date, time.
c) If you are in a union contact them.
d) If you have legal protection in your household insurance you may be able to get representation before a Tribunal. Don’t expect that you will get top fight legal advisers.
Do not expect any fairness or honesty from your employer.
(I was involved in an Disability discrimination case. My employer lied to the tribunal had run a coach and horses through the Grievance Procedures and the tribunal decided in the employer’s favour) I hope this helps.

I agree with MommaP. Also check out the CAB website, whilst you are waiting for a appointment with a CAB advisor. Avoid 'Barrack room' lawyers. Time line of events is vital and keep it up to date. Good luck,

If you want good advice then I would suggest posting on the Employment forum on moneysavingexpert website.

You will get very good advice, although they are definitely not "there, there" people

I think you can only be accompanied by a work colleague or a union rep at these meetings, but could be wrong.

And definitely, if you haven't already, join a union as an "insurance policy" against any future work related issues. I believe you have to be a member for three months before they will represent you

I agree that joining a union is the best thing that you can do. In the meantime you can consult ACAS for advice.
I would be wary of accusing the company of replacing you without substantial proof.
The finding of texts sounds strange: do you mean texts or emails?
I would not agree to a meeting without knowing more details and having someone 'present', be it a union rep or friend, bearing in mind that a friend cannot intercede, but just listen and take notes.

Hi Laughter lines. You need to:

1. Contact your company's HR department and ask for a copy of their 'Disciplinary policy'. Read thoroughly and understand.

2. Ask for the charges against you in writing to be sent to you a fortnight before your meeting with the company representatives.

3. Know that you are entitled to have a representative with you;. this could be an employment lawyer, union representative, someone from the HR department (if you trust them) or a friend but if the latter choose someone non -confrontational who has an inkling of procedure/can think on their feet.

4. When you have received the charges against you, try to see an employment lawyer or the CAB (Citizens Advice Bureau) to ask for their view.

5. Calmly annotate your view of the 'charges' against you. Emails, in particular can be misconstrued with emphasis of a word misplaced, i.e. you may have 'come over' in a different tone to that you were trying to achieve.

6. Carooline's advice (above) re. redundancy is correct. You cannot lose your exact job to someone else as you think.

7. It may be worth contacting a Union but I very much doubt they would be willing to act retrospectively for a brand new member, however it's worth a telephone call to find out.

8. Evidence is key, both to you and your company. Once you have a copy of the charges against you, work on it for evidence, both for and against you.

Finally, your company should have various policies in place. It would be unusual for someone not to have two warnings before more serious official action is taken against them. Has anyone from the company previously spoken to you about your so-called bullying behaviour?

Sometimes a face is deemed not to fit and personal vendettas do happen, so you will need to keep your wits about you.

Try to keep to facts.

I wish you the best of luck (and let us know how you fare).

Hi they cant do this. First go to Accas and get advice. They are great and helped my daughter when her well known firm were guilty of discriminatory procedures during maternity leave, and her subsequent redundancy.She did not have to go to tribunal as they settled privately. I cant comment on you individual case as I dont know all the facts, but even in this day and age ageism and discrimination still exist in the business sector, and because most are losong money die to covid, they are
Using it as an excuse. Citizens Advice might be useful, but I have no recent experience with them. If you have been unwell and refused time off, they failed in their duty of care to yoi and your suitability to work and should have worked with you to resolve things This does not meam giving u the sack they cant and if you can afford it an employment solicitor can give you advice also. Good Lick

I think you should go to the ACAS website. Start collecting upto date information on the current law and send your questions to them.

www.acas.org.uk/advice

You cannot afford to loose your job. After you have reviewed I would find out which is the most local employment law solicitors to you and see if they do a half hour free.

I forgot to say. Check your home insurance You probably have legal cover. If so, now is the time to use it.

This could be a case of constructive dismissal.

As an ex union convenor, I agree totally with Mildmannergran and Startingover61

You need to concentrate on the accusation of bullying. Have you seen copies of the alleged bullying emails ? How long ago is it supposed to have happened? Employment law says that if there is a problem with an employee it should be dealt with by the employer there and then. If it is not, it can be said that the employee has not been guided and given the chance to put the problem right. They can’t just drag something up that is alleged to have happened years ago. In effect, the employer has not been doing his job if an employee has been allowed to continue what they are now alleging is unacceptable behaviour.

If you are in a union, but it doesn’t sound as though you are, your rep would handle all this and could speak on your behalf at any meeting, if not, as others have said, you must have a friend or colleague with you, You must also find out what sort of meeting this is. Don’t be sweet-talked into attending an ‘informal chat’. As Startingover says, you should have advanced notification of any meeting with management. That should be accompanied by the so-called bullying emails and any other ‘evidence’ they claim to have against you. Any witnesses they plan to call to the meeting should also be named. There should be no surprises at the meeting. If you have a rep, they have the right to ask for time to investigate the allegations and call their own witnesses on your behalf.

As has been said, in the absence of a union membership, ACAS is very helpful and you can approach them direct.

Good luck.

Look on the Citizens Advice website and also call your local CAB Adviceline and get information on the correct procedure to follow.

Please telephone Acas for free legal advice as they are experts in employment law.

My daughter was accused of bullying. Luckily, she kept very careful records of all communications. Her union backed her. Turned out that the bullying behaviour were e-mails and texts giving dates of meetings ( which the accuser didn’t want to attend) and a couple of texts inviting her to department nights out. However, the whole process was very stressful and she was glad of union support and that of friends/ colleagues who backed her up. The accuser had to move into a different office and is repeating the process with some other poor sod !!I wish you good luck and send a hug.

Join a Union , quick. I have a very driven young manager who puts unreasonable demands on me , I am 60 in April and I am currently off with stress and anxiety. I think she wants to bring in a friend of hers! It's not only me who is unhappy with how she treats us. If there is any disciplinary then the Union rep will be with you and support you , good luck x