How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44926
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been covering a job for 7 months without receiving the

Customer Question

I have been covering a job for 7 months without receiving the going rate for the job. I was lead to belive that I had a really good chance of getting the job and my salary would be adjected then.

I have now seen a email from my boss to another manager saying that the advert for the job is now out and they expect me to apply but that I would not get the job and that they need to look at a redundancy package for me. I feel I have not been give a fair and equal opportuity of obtaining this job.

What can I do
Thanks Shannon
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

JACUSTOMER-1crzzy19- :

I joined Lloyds Register (LR) September 2010. I had to leave my first role in the organisation as the department I was working for were relocating to Southampton. I then found myself an alternative role in Lloyds Register April 2011... Working as a PA/Project Secretary... The man i was working for left 6 months later and the new man who took over the role brought his PA with him so my role effectively was 'non-existent'.... In September 2012 a new role in the organisation was created for a man named Mike Robinson and he was in need of a PA - I was put forward for the role and have been doing it from September 2012 until now.

Ben Jones :

Do you know why you may not be considered for this job?

JACUSTOMER-1crzzy19- :

No idea - as far an i was aware and told... the job was mine

JACUSTOMER-1crzzy19- :

however there attitude has drastically changed towards me

JACUSTOMER-1crzzy19- :

since returning from leave

Ben Jones :

What leave was this - just annual leave?

JACUSTOMER-1crzzy19- :

yes

JACUSTOMER-1crzzy19- :

one week annual leave

Ben Jones :

I presume it was never formally promised that you would get the job, just an indication t was likely?

JACUSTOMER-1crzzy19- :

yes

Ben Jones :

ok let me get my response ready please

JACUSTOMER-1crzzy19- :

My main concern is that they have already nade a decision before i have even had the opportunity to apply

JACUSTOMER-1crzzy19- :

i consider that i have not been given fair and equal opportunity

Ben Jones :

The issue you will face here is that employers have the right to choose who they employ and can make such decisions based on a wide range of factors. There could be a number of reasons why one candidate is chosen in preference to others or why someone is not given a job, even if they are generally considered to be the best candidate. It is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to come to that decision.

The only requirement in law is that the employer’s decision is not based on discriminatory grounds. That means that it should not base its decision on factors relating to gender, race, religion, age, disability, sexual orientation, etc. If its decision is based on any of these, there will be a potential case of discrimination and the affected person can potentially take this further. However, in the absence of any discriminatory reasons, the employer will rarely be acting unlawfully and will have the general power to be selective over who it employs, even if it this generally appears to be unfair.

The law does not provide a ‘fair and equal’ opportunity to apply for jobs in a sense that everyone has to be given a fair chance – the employer can be selective over the applicants or their choice of candidate as long as they are not discriminating, which can only occur on the limited grounds mentioned above.

As you were never formally given the job and signed a contract for it, then you would not have any guarantees on getting it and if the employer thinks you are unsuitable or that there was someone else they would have preferred to do the job, they can offer it to them as long as they are clear of discriminatory conduct.

Ben Jones :

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? Thanks

Expert:  Ben Jones replied 2 years ago.
Hello Shannon, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions