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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6428
Experience:  15 years experience of advising on employment law matters
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I want to know if I have a case to take my employers to a tribunal?

Customer Question

I want to know if I have a case to take my employers to a tribunal? I've worked for them for 12 years, there is a rule in place that If you get promoted to the position above my current role then you can apply for part time after 10 years service, I have been applying and eligible for promotion for 9 years and never even made an interview, even though I get constant positive feedback from my managers and repeatedly told I should be promoted.( very frustrating) It feels as if the rule of being allowed a part time contract after getting this promotion and ten years service is only available to a much older work force, it clearly isn't available to me, even though I work with around 80% part time females which have this contract due to having dependants? Do I potentially have a case for indirect discrimination? Im not sure weather to go down the route of raising a grievance. Im at the stage now where I am going to leave the company In April and take a severance package as I don't feel happy working with a company where i am not treated the same as others.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Are you saying that you think you are not being offered this because (a) you are male and (b) you are a younger member of staff?
Customer: replied 2 years ago.
Expert:  taratill replied 2 years ago.
have you raised this, even if informally, with your employer?
Customer: replied 2 years ago.
no, Im about to this week, thought I would get some legal advice first
Expert:  taratill replied 2 years ago.
Hi yes if you can demonstrate that they are treating you differently for those reasons then you can claim discrimination contrary to the Equality Act both on the basis of Age and Sex. In order to bring a claim you do need to raise a grievance and eventually to engage ACAS early conciliation first. They will have to show that the reason that you are not allowed to work part time hours is not discriminatory which might be difficult based on what you say.
Expert:  taratill replied 2 years ago.
If you have any further questions please do ask?
Expert:  taratill replied 2 years ago.
Hello do let me know if there is anything further you would like to know. Otherwise I would be very grateful if you would take the time to rate my answer as I am not otherwise paid for the time I have spent working on your question. Thank you and all the best and do come back to me in the future if you need to.