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Ask Ed Turner Your Own Question
Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 1917
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have such a case: there was a higher position at my job

Customer Question

Hello. I have such a case: there was a higher position at my job which I believe I was a very strong candidate for and I applied for it. My employer didn't even interview me, 2 months later they hired someone else. However, I was asked multiple times by the management if I am going to have children soon, I feel that because I am 29 and still have no children they chose to hire somebody else. They never asked me questions like that while the position was still filled. Does all that seem legally right?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 14 days ago.
Category: Employment Law
Customer: replied 14 days ago.
Is somebody here?
Expert:  Ed Turner replied 14 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 14 days ago.

Sex, Pregnancy and Maternity and Marriage and Civil Partnership are Protected Characteristics under the Equality Act 2010 and therefore you should not be dismissed or suffer any detriment based on you becoming pregnant or becoming a parent.

If you have been rejected for promotion and your employer is clearly worried if you are about to have children, then this may constitute pregnancy discrimination.

If you have been Dismissed or Constructively Dismissed (i.e., forced to resign due to you employer's mistreatment of you) based on an Inadmissible Reason, then the Dismissal will be Automatically Unfair regardless of the length of your Employment.   Inadmissible Reasons for Dismissal include Dismissal on the basis of a Protected Characteristic: Sex, Sexual Orientation, Marriage/Civil Partnership, Pregnancy and Maternity, for making a Disclosure In The Public Interest to a Prescribed Person within your Employer or external Regulatory Body (i.e. “Whistleblowing”), Trade Union membership or activities, asserting a statutory right under section 104 of the Employment Rights Act 1996 (“ERA”) or for a health and safety reason under section 100 of the ERA.

In Discrimination cases, in addition to the Basic and Compensatory Awards for Unfair Dismissal, you may also claim Damages for Detriment and Injury to Feelings.

A Claimant employee has three months from the Effective Date of Dismissal, or the Discrimination or Detrimental Act complained of to lodge a Claim Form ET1 with the Regional Employment Tribunal.   This is a very brief time limit which is strictly enforced.   I therefore recommend that you act as quickly as possible by instructing specialist employment solicitors to protect your position and advise you fully on your prospects of success.

You must also notify the Government’s free and impartial employment dispute advisory service: the Advisory, Conciliation and Arbitration Service (“ACAS”) to commence the compulsory Early Conciliation Process (“ECP”).   ACAS are not a firm of solicitors or legal aid providers, but they will attempt to facilitate an early settlement between the parties without the need for Tribunal Proceedings.

During the ECP, the three month-limitation period to issue a Claim Form ET1 is suspended.   If ECP fails, ACAS will issue the parties with a Certificate which will give the Claimant at least one month from the date of the Certificate (depending on the timings) to issue a Claim Form ET1.

Expert:  Ed Turner replied 14 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd

Customer: replied 14 days ago.
what can I possibly win here and how do I even prove this?
Expert:  Ed Turner replied 14 days ago.

I have answered your first question to your satisfaction.  You have now posed additional questions which are outside the scope of the fee.   To answer these questions, I require payment of a further fee and have placed an offer on the Portal.

I can review a brief amount of documentation from the customers (up to 20 pages or so).

The phone calls generally last around 20 – 30 minutes at most.   I will let you know if we are going around in circles and I am repeating myself.

You will not receive any additional documentation from me or Just Answer (apart from payment confirmation).

I will discuss my fees with my main virtual law firm on the call.   Under my Just Answer Expert Agreement, I cannot provide Customers any direct contact details or information about my law firm’s charges unless they accept a Premium Service Phone Call.

If you choose to instruct me directly through my law firm, this will be a different contract from yours with Just Answer.   I will open a new client-matter for you with my firm and send you retainer documentation in the form of a Client Care Letter and Terms of Engagement.