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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have been working at a PLC motor group past 13 months,

Resolved Question:

I have been working at a PLC motor group for the past 13 months, an opening arose in the branch which was a promotion, I expresses an interest in the position as soon as it was announced and was told an interview would be arranged.
I have just received an email informing that the position has been given to a less experienced person, who also did not attend an interview, the successful applicant was 31 years old I am 60.
Does this sound legal
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you actually think age had anything to do with it, or could they justify it on any other grounds?
Customer: replied 1 year ago.
Not really sure, however I have years more experience and did not get the chance of an interview to find outIan
Expert:  Ben Jones replied 1 year ago.
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 whom it employs, even if it this generally appears to be unfair. I understand that the person who was selected was much younger and with less experience. However, that does not automatically mean the decision was based on age – they could have been a better fit, they may have preferred their personality to yours – there could be other reasons. It does not stop you from complaining to the employer and they should consider your complaint but if you chose to pursue this further, such as by going to an employment tribunal, you may need a bit more evidence to back up a claim. 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
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Customer: replied 1 year ago.
That is what I thought, there is not really any means of proving discrimination, even though it clearly exist, Thank you for you help.
Expert:  Ben Jones replied 1 year ago.
You are welcome and sorry it was not better news