Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
How long have you worked there for?
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.
Do you know why you may not be considered for this job?
No idea - as far an i was aware and told... the job was mine
however there attitude has drastically changed towards me
since returning from leave
What leave was this - just annual leave?
one week annual leave
I presume it was never formally promised that you would get the job, just an indication t was likely?
ok let me get my response ready please
My main concern is that they have already nade a decision before i have even had the opportunity to apply
i consider that i have not been given fair and equal opportunity
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.
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