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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47604
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was told today that I have to clock in and out at work. My

Customer Question

I was told today that I have to clock in and out at work. My colleague, whom I have been told I am equal with, does not. I am a contractor and she a permanent member of staff - does that make a difference? Do I have a case?
Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What is the issue with clocking in/out?

Customer: replied 1 year ago.
Dear Ben, none as such, but if you read my question CAREFULLY you will notice that my colleague, with whom I supposedly work on equal terms, does not have to clock in and out..... I call that discrimination, what do you call it? and more importantly: Do I have a case?
Thank you.
Expert:  Ben Jones replied 1 year ago.

Hi there, I did read your question carefully but this is not discrimination I’m afraid. You may refer to is as that but from a legal perspective it isn’t. For there to be discrimination, a person has to be treated detrimentally due to a protected characteristic. These a specifically defined in law as being age, gender, race, religion, disability, pregnancy, marriage and sexual orientation. So you can only claim discrimination if you are being treated differently on one of these grounds. This is not the case here – the reason you are being treated differently has nothing to do with your age, race, gender, etc. Even if it is because you are a contractor and the other person is a permanent employee, this is not going to be covered under discrimination. So unfortunately you have no case here – you are treated differently but that is not done in an illegal way. It is not unlawful to be treated differently in these circumstances so whilst you are entirely free to complain internally about this, there is nothing that can be done to challenge this legally.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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