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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46773
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoonI would like to get some information what

Resolved Question:

Good afternoon I would like to get some information what my options are in the following situation: 1. I am working at the University. I have started in June 2014 in a different role on the temporary contract. After I have been offered another role on the Fixed term contract from 13.10.14- 30.04.16. It the contract is stated that my salary is 28K, raising to 30K upon successful completion of the probationary period. I have not received a pay rise, but have been told that accidentally I have been offered a higher salary than supposed to therefore my salary will no raise. I have not been notified in writing of any change. 2. I have asked in March whether it is possible to make this contract permanent, the answer was no. However, in May we got a new employee who has started on 6 month temporary contract but after 3 month she has requested a permanent contract, different job title and a higher salary and she got it. She is not more experienced nor more educated than I am. I feel discriminated, probably because I am an EU passport holder and she is British. I just wonder what my options are. Can I make a legal complaint at the end of my contract and expect some compensation? Thank you in advance for any help you are able to provide. Kind regards J.

Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you actually show that she was treated better because she is British or is that just a coincidence?
Customer: replied 1 year ago.

The other two colleagues in our office are British and got permanent contracts, now they have employed a new person (after me) who is a British passport holder too and got a permanent contract as well. Almost all workers at this University are British nationals, therefore I am under impression that it isn't a coincidence, however, I have no prove no any logical explanation why I have been treated differently if I am more experienced.

Expert:  Ben Jones replied 1 year ago.
Ok the problem with this is that you would need some evidence to show that the actual reason for this treatment is your nationality. The fact that you are the only one who has not been offered permanent employment does not mean that the reason for this is your nationality – in reality it could be for another reason, even if you do not know what that is, but it does not automatically mean it is because of that. It makes no difference to an employer where someone is from so you cannot point to some benefit they may get by favouring British employees. So as far as the law stands, you can complain about discrimination but only if you have some evidence to show that you have been treated detrimentally because of your nationality. At present it is all a bit circumstantial and it could easily be down to coincidence. You have no real evidence to be able to take this to court or a tribunal and know that you have a decent chance of success. The law does allow you to become a permanent employee after 4 years in fixed term contracts so that happens automatically as long as you continue being employed under these contracts for that time. Also you can complain about this internally at any time – you can do this by raising a formal grievance and it would be for the employer to investigate this and decide if anything wrong has happened in the process – so this is more of a risk-free option to pursue. 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
Customer: replied 1 year ago.

Thank you Ben for the useful advice. But what shall I do with the salary that has been agreed during the interview, but I am not receiving?

Expert:  Ben Jones replied 1 year ago.
You could argue that this was a binding contract but if the employer can show that this was offered in error then they could rely on something known as 'mistake in law' and correct it as you should not be able to benefit from a genuine error on their part. But it would depend on whether this was in fact an error or they changed their mind - only a genuine error would qualify
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46773
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for the useful information.

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