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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61821
Experience:  Qualified Employment Solicitor
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I recently terminated my contract with an employer with

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I recently terminated my contract with an employer with immediate effect giving no notice. I did this, as I was the assistant contracts manager and was asked to step up whilst the contracts manager was on special leave.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: The contracts manager didnt return, and he gave notice. I was expecting to have the opportunity to apply for the role, but i wasnt given this opportunity.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: The company appointed a male internal manager from another contract, and asked me to continue managing the contract until he could be released. Im a female and was very upset that I didnt get the chance to apply for the job I was expected to cover.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No i think thats it.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for this employer and what is your specific question in relation to this please?

Customer: replied 10 days ago.
ok. id like some advice. Given that I terminated without my contractual notice, on the grounds of alleged discrimination. Do I still have a claim to put forward to a tribunal?

OK no problem. Please also tell me how long you have worked for this employer?

Customer: replied 10 days ago.
4 months

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and other Employment Law Specialists are ready to help you

Many thanks for your patience. First of all, you would not have had a legal right to be given the opportunity to apply for that role, even if you were already acting up in it. Secondly, employers generally have the right to choose who they employ and can make such decisions based on a relatively 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 or most suitable candidate. In fact, it is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to arrive at that decision.

 

The only requirement in law is that the employer’s decision is not based on discriminatory grounds. This means that they should not base their decision on what are known as ‘protected characteristics’. These include things like gender, race, religion, age, disability, sexual orientation, etc. If their decision is based on or linked to any of these characteristics, 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 appreciate you said a male employee was given the job but that does not mean they were preferred over you because of their gender. It would very easily be a coincidence that they are male and you are female. So you would need some more evidence that gender was the reason behind their decision. As you can appreciate though, there may not be any direct evidence to back this up and it will be a bit of a speculative argument.

 

Should you decide to take it further the only option you have now is to consider an employment tribunal for sex discrimination, which you must do within 3 months of the alleged discriminatory act.

 

Does this answer your query?