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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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I was hired in February 2013 to cover maternity in the accounts

Resolved Question:

I was hired in February 2013 to cover maternity in the accounts dept. A second lady was hired in June 2013 to cover a second maternity leave in the same accounts dept. In December 2013 whilst I was on holiday it was announced that the second lady was going to be hired permanently. I only found out on my return from holiday through office gossip. I am fully qualified however the lady hired has not done her exams yet. The second lady does have more experience than me though. I was promised inhouse training which has never materialised. I am foreign so perhaps that could have played a part in their decision. Should the company not have offered me the job first? Do I have a case against them? Thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. How long have you worked there in total?

Customer:

I have worked there a year and 2 months now

taratill :

ok so have they said your contract is going to come to an end soon?

Customer:

My contract ended in Feb. They have not issued me with a new contract but asked if I could stay until the end of July as the girl on maternity extended her leave to a year.

taratill :

Ok did they ever promise you a permanent contract and have they told you why they offered the other person the contract and not you?

Customer:

They never promised me a permanent contract. They have never explained to me why they hired the second lady. The second lady does have more experience in Managerial accounts however I feel I could have been trained as they had promised me into the role

taratill :

So they promised to train you rather than promised you a permanent position? You mentioned that you are foreign, do you think that this has a bearing on the decision?

Customer:

Well I would like to think not however it could be a possibility. As any foreigner feels I am sure you are never quite part of the group. That is just a cultural thing I think??

taratill :

Well the basic position is that with under 2 years service there is nothing you can do about this as the employer is free to recruit whoever they want into the role. The exception to this is if you can establish that the reason that you were not recruited is for a discriminatory reason contrary to the Equality Act 2010. This could include failure to employ you on the basis of your nationality.

taratill :

Your difficulty might be in proving this, this is particularly the case if the other person has more qualifications than you.

taratill :

The fact that you were offered training but this was not given does not change the position that the only possible claim would be under the Equality Act 2010.

taratill :

If you would like any further information about this please do ask.

Customer:

Okay. Thanks Jenny. I would not like to go down that route.

taratill :

No problem, I am sorry that this was not the answer you were hoping for and all the very best for the future.

taratill :

If you have any further questions please do ask. I would be grateful if you would also take the time to rate my answer.

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