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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73890
Experience:  Qualified Solicitor
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I was looking into whether or not i had a claim for unfair

Customer Question

hi, i was looking into whether or not i had a claim for unfair treatment from my ex employer who seem to now be blocking my chances at getting a job at the same company
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: not yet as i am no longer employed ther but have asked my ex line manager for advice
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: unemplyed
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: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 16 days ago.

Please explain your situation in some detail

Customer: replied 16 days ago.
Customer: replied 16 days ago.
im really sorry but i can't afford to call you
Expert:  Ben Jones replied 16 days ago.

The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with as soon as you can explain your situation

Customer: replied 16 days ago.
i was previously emplyed as an apprentice at a company but due to a long sick leave i couldnt complete my exams by the deadline and my contrac was terminated. during the termination meeeitngs i was assured that i could apply for any role within the company that was not in the current team i was in as an apprentice as a role in that team would need a six month break in service. Since my termination i have had job offers that have then been blocked by the emerhing talent team that overlook the apprentices
Customer: replied 16 days ago.
i have it in writing that my apprenticeship contract would not affect any chances of employment however yesterday afternoon recieved an email from the recruitment officer who had offered me a job and was ready to send a contract stating that emerging talent wont allow me to be re-employed
Expert:  Ben Jones replied 16 days ago.

OK thank you. How long had you worked there for and when did you leave?

Customer: replied 16 days ago.
sept 2019 to 28th feb 2021
Expert:  Ben Jones replied 16 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Expert:  Ben Jones replied 16 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

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 another, 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. It could even be down to trivial issues, such as a hunch, a personal dislike or even no particular reason at all.

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 are defined under the Equality Act 2010 and provide legal protection to anyone who shares these characteristics They include the following:

- gender

- race

- religion

- age

- disability

- sexual orientation

- marriage

- pregnancy/maternity

If the employer’s decision not to offer someone a job is because of any of these characteristics, there will be a potential case of discrimination and the affected person can potentially take this further, such as by making a discrimination claim in the Employment Tribunal. However, in the absence of any evidence to suggest 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.

Expert:  Ben Jones replied 16 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.