Have you asked the reason why you are being asked to refrain from applying from other jobs that start before Sept 1st? I need to pop into a meeting until just after 9 am, so there may be a slight delay in getting back to you.
Ok thanks, is there a possibility that the role will continue in the UK and what outcome do you seek?
So to be clear you believe that you are being discriminated against in this situation on the basis of your nationality?
Ok well, as you are no doubt aware, being a HR Manager it is unlawful contrary to the Equality Act 2010 to discriminate against a person on the grounds of nationality and potentially you could bring a claim against the employer under the Act.
You would be expected first to exhaust internal grievance procedures as there may be another explanation for this.
I would therefore advise that you consider raising a grievance in the first instance. It may be worth having an 'informal discussion' with your manager initially as it may be that, in doing so, the problem can be resolved.
If it is not then you can raise a formal grievance.
You will, no doubt, be familiar with your organisation's grievance procedure.
If you are not satisfied with the outcome then you can submit a claim using the form you will find at www.employmenttribunals.gov.uk
If you have any further questions about this please do ask.
At the moment I do not know enough about the situation. Are you the only person who has been told not to apply for other positions? Is this the only reason you believe that this amounts to discrimination, or is there other evidence to support your suspicion?
Ok were there any witnesses to the statement about phone tapping?
Ok thanks. Well the 3 things together do point to the possibility of discrimination. As I have said before though you have to give your employer the opportunity to respond to a grievance before it is possible to assess the strength of a claim. If, after raising a grievance, your employer responds by making it clear that the statement from your boss was inappropriate and should not happen again (possibility by suggesting some discrimination training) and can show non discriminatory reasons for the performance rating and for the fact that you have been told to refrain from applying from other jobs, then you may not have a strong claim. If your employer does not take your allegations seriously and cannot give non discriminatory reasons for the rating / request not to apply for jobs then I think you would have a strong claim.
Please can you let me know if there is anything further you would like to know about this, and please take the time to rate my answer as I am not otherwise credited for my time.
Absolutely, in fact it is imperative that you do so before claiming as a tribunal would expect all internal procedures to be exhausted before a claim is brought.
In your situation your potential claim is for both constructive dismissal and discrimination contrary to the Equality Act.
Please let me know if there is anything further you would like to know about this. I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.