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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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1) I suspect (also heard from other colleagues) that one of

Customer Question

1) I suspect (also heard from other colleagues) that one of my team member(Grade 6) also applied for it and because she's pally with the post holder, she's getting prepped by her for the interview which will be a very unfair practice. However, I know it's hard to get evidence as they were in 1-2-1 meetings. What shall I do? The post holder is also in the interview panel ( I'm not sure how this is allowed as she is leaving us. )2) The current post holder was my ex-assistant who stepped over me while I was on Maternity leave. She's been harassing me ever since I return back to work
and tried to get rid of me became I'm far more experienced in my job than her. Most recently, I had an injury and needed operation, she harassed me while I was on sick leave by calling and emailing me everyday and gave me very short notice coming to my home to do return to work interview. I put a grievances against her and she apologized. I'm very concerned as she will be in the interview panel and will show favoritism to certain people. I don't like the unfairness and inequality. What shall I do?
3) I'm still on sick leave (need to recover from my treatment) but has been pushed to go through interview as HR said they can't accommodate another date. I don't think it's fair but I decide to go. Can they turn me down by saying I'm not well enough to take the post?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello how long have you worked there for?
Customer: replied 11 months ago.
13years
Customer: replied 11 months ago.
Hi Ben, just realized the beginning part of my question is missed for some reason. Here it is:
I recently applied for an internal post which is a career progression for me (from Grade 7 to Grade 8). The post holder is my current line manager who has resigned and got a new job at a different institution. I've been short listed for the job and been invited for interview. However, I have some concerns:
Expert:  Ben Jones replied 11 months ago.
Hello, sorry I was in court by the time you had replied. To answer your queries: 1. It may indeed be difficult to prove this. If you raise it they could deny it as there is no formal evidence that this is the case. Also whilst unfair, it is not actually unlawful to do this. The employer may have a preference for a specific person to do the job. They may still go through a recruitment process and interview others even if they know who will get the job. They can use whatever criteria they want to choose the most suitable candidate even if they are not the best or most suitable for the post. As long as they do not discriminate against others on grounds of gender, age, race, religion, disability then that is allowed. Also the person leaving could be on the selection panel – they may be leaving but whilst they are still there they can take that role – after all they did the role and they know what is required for it and what to look for.2. You can raise these issues with the employer and ask that she is not on the panel. The employer can consider this but does not have to remove her. They can however monitor the process to ensure that you are not specifically being treated detrimentally as a result3. If you have a disability then they should not discriminate against you because of it so turning you down will likely be unlawful. If you do not have a disability then it may be possible because then you do not get the protection under discrimination laws. This is your basic legal position. I have more detailed advice for you in terms of the law on disability and how to determine if you have one, which will give you the required protection I mentioned, and I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.
Thank you. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’. The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”. I will break this definition down:Physical or mental impairment – this can include nearly any medical condition;Substantial effect – the effect must be more than minor or trivial;Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.) If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).
Customer: replied 11 months ago.
Thank you for the information. My doctor has said I've got a long term illness which affects my walking and driving in this case, I should be protected under disability discrimination. But the question is how to find out/evidence I've been unfavorably treated in the interview process? They will deny it by saying something else.
Expert:  Ben Jones replied 11 months ago.
Finding this put will not necessarily be easy or even possible. You can request any documentation which deals with you and is related to the interview process because you can argue that it is personal data and you should be allowed access to it under data protection legislation. You do so by contacting the employer and telling them you are making a subject access request and specify the documents you wish to see. The employer should then disclose these, although if they lied and said specific documents did mot exist, unless you knew for a fact that they did exist they could potentially get away with saying that. So there will be a small risk

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