Changing expectations

I was at the Bradford Chamber Women’s Business Lunch yesterday.  Sue Douthwaite, Divisional Managing Director for the north at Santander Corporate Banking gave a great talk discussing some of the issues she has encountered in her career in banking.

She reminded us, as women, how far we’ve come in the last 25 years and how just that short time ago young women starting their careers were generally assumed not to be looking for a career at all and had few or no role models.

It’s good to be reminded.  As an employer lawyer seeing discrimination cases I tend to see those cases where things haven’t changed rather than the progress and change that has occurred.  Just last week I advised a director who, having told her MD she was pregnant, got the response that in that case there was no future for her in the business.  It does still happen!

Sue reminded us though that things have changed and continue to do so.  Women must be careful not to see discrimination where it does not exist.  If you are the only woman in a team and you are made redundant it is not necessarily discrimination,  it may just be for good business reasons.  Equally employers should be careful not to make assumptions that inadvertantly discriminate against any group of worker.  It’s always better to have a conversation than make an assumption.

A cautionary tale…

Redundancy or loss of employment leads some to conclude that they want greater control of their own destiny and that their own business or self-employment will achieve that goal.

Running your own business or self-employment is not for everyone but in this climate I have seen a number of clients who have chosen that option, some very successfully.  Recently though I saw a client who had used a substantial redundancy payment to buy an existing business.  The business was running at a loss but she believed she could turn it round with better management and fewer staff.  Her first step on taking over was to dismiss a couple of the employees.  She called for our advice having received an employment tribunal claim for discrimination and unfair dismissal.  If the claim succeeds the cost to the business could be substantial and have a significant impact on future profitability.

 The whole scenario could have been avoided or the damage limited if some simple steps had been considered.  The client had taken only advice on the acquisition of the lease, she had not asked her lawyers to address the issues about the business.  Warranties and indemnities in a business acquisition agreement may have provided her with some protection.  She was not aware of the TUPE regulations and did not consider the impact in her case.  She did not follow any redundancy process, deciding to dismiss those employees who worked the least hours and who were the oldest.

These can be simple points for those with experience of buying a business but if you are new to it, take advice.  Investing your redundancy in a business can be a very positive outcome from what has been a difficult time but it should be an informed decision with  steps being taken to minimise some of the risks and protect your investment.