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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50157
Experience:  Qualified Employment Solicitor
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My employer's have just created a new supervisory position

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My employer's have just created a new supervisory position at my place of employment. The position has not been advertised either internally or externally. the employee given the post was also given an increase in Pay. It was all agreed verbally !! I believe that this is discrimination. I was not given any chance to apply.
furthermore I am forced to sign documentation on a monthly basis. I am never permitted a copy of this documentation. My father who is a retired Criminal lawyer states that I am legally entitled to a copy of ANY document I sign.
Hello how long have you worked there for and what documentation is it that you are asked to sign?
Customer: replied 2 years ago.
I have worked for the Company for 8 years. The Contents of the documentation varies. Can the company promote legally without advertising or giving all employees the chance to apply? Surely it is a breach of the equal opportunities act !!
Hello, sorry I was offline by the time you had replied. I am afraid there is nothing illegal about appointing someone to a position without having first advertised it. It is certainly not a breach of equal opportunities – that is not what this legislation exists for. Equalities legislation is there to ensure that there is no discriminatory treatment of workers, which basically means that someone should not be treated unfavourably because of a protected characteristic, such as gender, race, religion, disability, etc. However, that does not place a requirement on an employer to advertise a job before someone is appointed to it. In fact. 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. As mentioned, 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 without advertising it, even if it this generally appears to be unfair. As to the documentation you sign, you should be allowed a copy of it if it contains personal information about you. This is a right you have under data protection legislation and you could request such copies. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to request copies of this documentation, which 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, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Thank you for the rating. Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR).
If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:
• Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';
• Provide details of the data you are requesting copies of;
• Your main personal details - full name, date of birth and address;
• Any information you believe the organisation will require to find your information. For example, your employer may need your payroll number
The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days.
Particular care must be taken by the data controller not to disclose any non-relevant personal data (i.e. data that belongs to another individual) or other confidential information. Therefore, when responding to your request, they may remove data or be selective in what they supply, so long as this is justifiable. In addition, there is certain data that is exempt from discourse and that includes personal data held for personal, family or household affairs, confidential references given by the data controller for employment and personal data subject to legal privilege.
The main remedies open to individuals if they suspect a breach of the above rules are:
• A statutory request to the Information Commissioner asking them to determine whether or not it is likely that the SAR has been carried out lawfully.
• An application to court alleging breach of the SAR rules and seeking an order for compliance.
• A claim for damages against the data controller and, if the individual concerned can show they have suffered damage, a claim for compensation for distress.
Customer: replied 2 years ago.
What do you mean an individual has suffered damage. What will happen if just refuse to sign the documents on the grounds that I am never given a copy. I then receive disciplinary proceedings.
can I take legal action on the grounds they are breaking the law. The documents are all about me including whether i do the job to the required standerd. For 3 years and despite saying i am entitled to a copy I never get A COPY. ARE MY EMPLOYERS BREAKING THE LAW ARE NOT.??
Well damage means financial losses, which unfortunately I cannot see being the case here. If you refuse to sign them you could be disciplined but then the fairness of such action could be questioned and you can appeal it if necessary. But you cannot just take legal action on the grounds you mentioned, you need to show losses have been suffered