Ask a Law Question, Get an Answer ASAP!
Hi, this is Jim, thank you very much for the question - I will do my best to resolve this for you today.
It seems to me that the guidelines are not discriminatory as you say they need newsroom experience in the last 3 years - and you had not obtained that experience due to the brain injury, though this is not their fault. It is a civil wrong to discriminate against someone on the grounds of a disability, as per the Equality Act 2010, and if there was proof of that then yes you could sue for damages. However, if your brain injury was as a result of someone else's negligence, your diminished prospects could be compensated for in a personal injury claim - I am not sure if your injury was sustained due to a pure accident or someone's negligence, nor if you have made a claim in that regard. The University did not shortlist you but as I say, it is likely because you do not have the required experience as opposed to the fact you have an injury. You could ask the University in a Subject Access Request, under the new data laws (GDPR) for your details they hold for you, to see if there is anything damning in their notes to say why you were not shortlisted. That may shed light on the matter. You can make a request with the following template : https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/preparing-and-submitting-your-subject-access-request/
If after receiving your data there is any reference to the injury, you could then take this further on the grounds of discrimination.
I hope this helps - please feel free to ask me anything else.
Have a good day,Jim
Thanks, ***** ***** be worth making a subject access request to the University to see what they hold (data-wise). A lot of people who have had interviews do this, and prospective employers must release the candidate's data. If not then you can report them to the Information Commissioner's Office on 0303(###) ###-####- who can levy large fines against companies or institutions who have breached the GDPR law.