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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44951
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben I have been discriminated at work where I was selected

Customer Question

Hi Ben
I have been discriminated at work where I was selected to go on a company incentive trip to America and then told I could not go because i was not the right fit. My boss threatened me with my job if i pursued this this was feb last year I have now submitted a grievance after being off work with severe depression.
Submitted: 1 year ago.
Category: UK Employment Law
Customer: replied 1 year ago.
The candidate that went did not even complete an application form and the only point of difference was my sexuality.
Expert:  Ben Jones replied 1 year ago.

Hello how long have you worked there for and on what grinds were you discriminated exactly?

Customer: replied 1 year ago.
Hi Ben worked for them for 7 years and discriminated against as selected and told I was going then told not going as other applicant going, she had not completed nomination paperwork and admits this in her statement the only point of difference between us both is my sexual orientation and age, I have been with the business longer and have an impeccable record. Person making selctions did not adhere to selection criteria the company had set out.
Customer: replied 1 year ago.
When I stated I would pursue this with the person who made the selection I was told I would lose my job if I pursued it or confronted her about it.
Customer: replied 1 year ago.
candidate that went also had only been with business 6 months.
Expert:  Ben Jones replied 1 year ago.

Hello, the fact that the only difference between you and the candidate was your sexual orientation and age does not automatically mean that you were discriminated on those grounds. Whilst you may certainly raise that argument, if the employer can show that there were other genuine reasons that led to their decision it could allow them to defend the claim. I am not saying that this was not involved in their decision making process but there is still a possibility that it could be a coincidence and a court would want to hear from them if they are able to justify that discrimination did not play a part in their actions.

One concern I have is that a claim for discrimination has a time limit of 3 months to be pursued in the tribunal. If this took place in February 2014, then you can see that you are out of time to make a claim. This is a considerable delay and whilst you could try and argue that your depression prevented you from pursuing the claim in time, it would be for you to convince the tribunal that this was the case and that it was impossible for you to make the claim sooner. Time limits are strictly applied so this may not necessarily be an easy task.

So at this stage you still have the grievance procedure which you can pursue to completion (i.e. appeal stage). If the appeal is rejected your only options are to make a claim in the tribunal although that would be subject to it being accepted out of time as mentioned above. You also have the right to consider resigning and claiming constructive dismissal, although to be successful you must be able to show that you had acted in response to the alleged issues and not delayed unreasonably. The same concerns as above would apply here because this should have happened immediately after the alleged discrimination, not nearly 2 years after so it would certainly weaken your case. Nevertheless these are the available options for you to take should you decide to go further.

I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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