Work wants to replace me with younger person

AmberSpyglass

What do you mean by “fits the positive discrimination requirements”?

Sadly A revolution began by Thatcher has basically removed just about all working right.
Leaving the EU means what little is left is going to disappear too.

Laughterlines

I have worked for the same company for 25 years. I am good at my job. I have a daily assignment which I carry out alone. I don’t have to go into the office and do not have social contacts with other employees.

Work have engaged a much younger person who will earn less and fits the positive discrimination guidelines who I believe is a replacement for me.

Work have asked me to attend a zoom meeting where they have found texts going back several years and accused me of bullying behaviour. I have not been aware of deliberately bullying somebody. I feel this is a trumped up excuse to get rid of me, save money, and comply with current employment requirements .

Last year I had some issues and needed to see a counsellor and asked in a text for time off to attend the appointment. This was refused as too busy.

I have always worked unpaid overtime and on days off but this is not being recognised. I am good at my job.

I am early fifties so couldn’t draw my pension yet.

Any idea how I should defend myself. I am usually non confrontational.

Sadly A revolution began by Thatcher has basically removed just about all working right.
Leaving the EU means what little is left is going to disappear too.

As I understand it you can't just join a union if you have an issue you want them to fight immediately, as in during/after the event. Everyone should be in a union and paying dues to enable the union to function.

Your company should have a formal disciplinary procedure. Ask to see a copy before agreeing to a meeting and take some advice from a union or CAB. They need to demonstrate that they are following that procedure before they can take any action.

sharkgirl

As I understand it you can't just join a union if you have an issue you want them to fight immediately, as in during/after the event. Everyone should be in a union and paying dues to enable the union to function.

It's amazing how many people think that you can do this, though. Let everyone else pay the subs, go to the meetings and do the legwork, so that they can just rock up when they have an issue and expect to be looked after. It beggars belief.

Was this alleged bullying brought up at the time it supposedly happened, if not surely there is nothing they can accuse you of, and as for the age thing is there grounds to make a complaint for ageism.
They don’t seem to be a very nice company to work for has the management changed recently.
As others have said it is definitely worth contacting a union,
Even if you are not in one I’m sure there is one you could contact
Good luck ?

Sounds like constructive dismissal to me which us illegal.

Your story isn't all that uncommon these days, unfortunately!
My husband was paid off from his senior management position in early 2009. He had been with the company for over 24 years and was nearly 52 at the time! After the recession and because he had health issues, he was unable to get another job! He couldn't get his occupational pension until he was 55. In early 2012, after using up our savings and his redundancy money, we had to declare ourselves bankrupt! Our lives changed overnight as we lost everything we had worked for over 35 years! His pension was seized too, as it was considered an asset! I had already got my NHS pension on health grounds, so they couldn't take that, and it saved us from destitution! However, we are just above the threshold for claiming state benefits, so our lives are very difficult!
It's so hard not to be bitter! ??. In particular, I wouldn't be too bothered if I got some serious illness and passed away! Over 35 years of work and virtually nothing to show for it! Loyalty and hard work mean zero to employers these days, particularly in the private sector! ???

Wow, the lady came on here for advice and essentially has been accused of racism and being menopausal.

My advice to you is that you want a copy of the text messages, you want to know when they were sent and to whom and you also want to nw why they weren't addressed when originally sent.

You should be given full details of the emails purporting you to have bullied others as well as who has raised the issue and why now. You cannot be expected to respond unless you know what you are being charged with. Do not attend any kind of meeting alone. Try to join a Union. Some areas have a Rights section dealing with employment issues attached to a CAB office,they may be able to help often providing legal representation. Have you had your work reviewed over the years, surely if there were doubts they should have been raised then. Unless any have you have to assume there were none. What is considered to be bullying may not be considered the same by another. Seek advice from wherever you can.

You might want to check out the Citizens Advice link below about disciplinary action at work.

www.citizensadvice.org.uk/work/problems-at-work/dealing-with-disciplinary-action-and-dismissal-at-work/

You could also call your local, or the national, Citizens Advice telephone advice line. Your local bureau might have a specialist employment adviser, ours does. National line is 0800 144 8848.

You should contact ACAS asap Laughterlines as this all sounds rather dubious to say the least.

If, and it's a big if IMO text messages have been 'found' that show you have been a bully, why wasn't this disclosed at the time.

As has already been suggested, you need to look at your contract of employment together with your employers set out disciplinary procedure and ensure that you don't attend this meeting alone.

If you're not a member of a union it maybe that someone from ACAS could be in attendance with you.

I hope this doesn't turn out to be as bad as it appears and wish you well.

You are perfectly entitled to ask who will attend the meeting. A others have said, if you belong to an union, contact them immediately as they would be able to be present at the meeting. If not, then make sure that someone else you trust is there, just in order to make sure that you remember everything that was said. Where have they found these texts from years ago? Someone must have shown them to your boss/manager and why is it now that they're being produced. Under normal circumstances, people don't keep texts for years.

Listen to Katie59 Great advice! I've been on both sides of that coin. Have a rep. Legal or Union. Have a rep!

Union if you’re in one. If not you can represent yourself. If all avenues fail go to ACAS. They’re fabulous.

You need to establish why this meeting is taking place . They cannot invite you to a disciplinary hearing without having gone through an investigation process beforehand. This may be the investigation, and if that is the case they should have made you aware.

Ask for a copy of the company’s disciplinary policy and also any policies which cover accusations of bullying - E.G. Dignity at Work Policy. Equal Opportunities Policy. Also have a look in the company handbook.

This happened to me a few years ago at college. I fought it like mad. Mine wasn’t an age thing but I am a lecturer and they don’t have to pay new qualified staff anywhere near what they have to pay.
They built up a case on me it was all rubbish. They even promised Access students a pass if they dished the dirt (lie). it was like some kind of soap opera story line and it beggared belief I actually had a break down but luckily quite a few students came forward to support me . But I was crying every day. A job I loved became a night mare my late husband told me anther was enough. I went off sick let them go through the motions then took them to a tribunal where they were shot down in flames and accused of bullying.
The judge said they had to offer me my job back then turned to me and said do you want to work for them? I said no so he said they needed to give me a settlement. I went on head held high.
So if anyone thinks there is no smoke with out fire and this wouldn’t happen sadly it does and it did.
My heart goes out to you and my advice is to get as much advice as you can. Stay calm and don’t respond in any way that can be used against you. Try to avoid meetings where you are alone, keep records and notes, Don’t doubt yourself and find out your rights. Taking employers to a tribunal is not easy but you can get lots advice from CAB if it comes to that.
And dont forget if it is an age thing, that's against the law.
Good luck. look after your self and your mental welbeing at this time.

Thank you for all your support and advice. It’s really helping me.

Having been in some unpleasant work situations myself,you have my sympathy. They are accusing you of sending bullying texts. Do you by any chance still have the phone you were using at the time? If so you can still access them.

Take some time out before the meeting to have a think about what you really want out of this and, if you have a trusted friend, confide in them.

Assuming the bullying allegations are untrue, the company is on very dangerous ground pursuing this. You may have a case for constructive dismissal.

I work with a Union as a Caseworker and am amazed at how many young HR people there are out there who have not done their homework and make cases for situations with no foundation.

You need evidence in writing of any accusations before agreeing to any meeting, do take someone with you to witness the meeting and, if the minutes from the meeting are not forthcoming afterwards, write your own up in a logical manner and send them. As the meeting proceeds now exist in writing they will have to confirm or deny... don't rely on any "casual or off the record conversations".

If they make you a settlement offer consider it carefully and ask time for considering it.. .You should be entitled to a solicitor to go through the settlement contract if it gets that far.

Finally, if it is getting too much ask for a referral to Occupational Health...

I'm so sorry you are in this situation in the middle of a pandemic, as if things aren't awful enough already, I do feel for you. Lots of good advice, I hope you can have a witness with you.

I'm sorry you're going through this - from personal experience, being bullied is truly awful.
I do know from my current work (1) you should be entitled to a companion or union rep with you at any disciplinary meeting and (2) they should provide you with any “evidence” they intend to use against you before such a meeting, so you have time to consider it (and prepare your defence).

Also, have a look at your household insurance policy - often there is the option for some free legal advice included.
Best wishes.

If this employer has employed someone who sits in TWO of the groups that are normally avoided (not officially of course, employers will find any other excuse possible to avoid being prosecuted for discrimination), they should be applauded!

If they're doing this to replace you, they would need to have extremely compelling grounds to get rid of you and they can't make you redundant because it's the JOB not the person that redundancy applies to.

unfortunately, you need an attorney who specializes in labor law.