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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63248
Experience:  Qualified Solicitor
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I work as an administration assistant for a bus company. I

Customer Question

hey
JA: Hi. How can I help?
Customer: I work as an administration assistant for a bus company. I also really enjoys driving and my company advertised for more drivers so I applied.
All applicants had to complete a psychometric test. I achieved the highest score. I was one of the top scorers on the other tests the applicants had to do. A face to face interview was then conducted by a panel of four managers, all of whom were men. I heard one of the panel comment “mothers never stay with the company " and asked whether I was thinking of having any children in the future.When the inteviews finshed I was shown out one of the managers. He patted me on the bottom, I found very upsetting and demaning. I complained about this behaviour to my line manager who told me that if I took matters further, I would never get a reference if I needed one.
After the interview a few of the applicants went to the bar for a drink, one of the interviewees started flirting with me and made some very sexual comments about my appearance which caused me to go home in tears.
Unfortunately, I was unsuccessful in my application and the vacancies were all filled by men. I may also have to sign an Non-Disclosure Agreement and I want to know what this is before signing it.I seeks before i make steps as to any claim that I have. If so who can i bring this against? Are there laws which enables me to do this. I am in a case where i can not afford to loose my job untill i find another source of income. i would really apprecite advice on what steps to take.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: yh
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: eployee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i just want to know if this is worth pursuing
Submitted: 7 days ago.
Category: Law
Expert:  Ben Jones replied 7 days ago.

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.

Customer: replied 7 days ago.
yes
Customer: replied 7 days ago.
no id rather you let me know the answer over here
Expert:  Ben Jones replied 7 days ago.

What are you hoping to make a claim for?

Customer: replied 7 days ago.
i don't have the money to pay that
Customer: replied 7 days ago.
thats what im asking you what i'm entitled to claim for
Expert:  Ben Jones replied 7 days ago.

On what basis do you want to make a claim?

Customer: replied 7 days ago.
i dpnt have that money
Customer: replied 7 days ago.
at the moment that is why i paid £5 for the service
Expert:  Ben Jones replied 7 days ago.

No problem re the phone call. I need to understand who you want to claim against and why?

Customer: replied 7 days ago.
life is not all about money ben somtimes transfering knowledge and helping ppl in crisis without a charge if they can't afford this is better
Customer: replied 7 days ago.
if i get the money and pay would you be able to tell me all the relevant case laws applicable to my situation
Customer: replied 7 days ago.
i take it we are finshed
Customer: replied 7 days ago.
okay please just anser me this one. my question is in regards to the interviewer who sexual harrassment me outside work with his words. What claim can i bring against him?
Expert:  Ben Jones replied 7 days ago.

Hi sorry I had left the office by the time your subsequent replies came through.

 

Going back to your query, you would have a potential claim on two grounds – sexual harassment (which is a form of sex discrimination) and maternity/sex discrimination.

The reasons are that you were likely not given a job due to your gender or potential for having children in the future and also you were exposed to unwanted acts of a sexual nature.

 

The claim can be made against the employer and/or the individuals responsible for this. You have 3 months from the date of the alleged incident to take this further to the Employment Tribunal.

 

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

 

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

 

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

 

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

https://www.employmenttribunals.service.gov.uk/apply

 

Does this answer your query?

 

 

Expert:  Ben Jones replied 6 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 5 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you