Is this discrimination?

[wannagethelp]

Can anybody advise me please?

 

I had an interview for a job I really, really, wanted. I didn't get the job, I was in the top 3 but they offered the job to another woman initially, she declined, then they offered it to the second person, a male and he accepted, started the job.

 

This may sound really silly and I am hoping somebody, detached from it all, can give their true opinion.

 

Problem I have is that I had been doing this job on a temporary basis for annual leave cover twice over the year, then recently again for the third time, whilst they advertised for the role on a permanent basis. I applied, got invited for an interview (I was working there at the time), and watched as all the candidates come to the office for their interview, I was the last one interviewed, only the 2 candidates, other than myself, were 'in the running', so to speak, so I was really excited as I had expressed how much I enjoyed working there and also how nervous I was because I really wanted the job. It was 'odd' that for the first time ever HR came to the office to interview alongside the Manager. Well it seems that HR thought I didn't answer the questions fully enough, I agree I didn't because I was so nervous on the interview, but I did tell HR I was nervous because I really wanted the job, but alas, I was unsuccessful. What's the problem, well I feel cheated and I'm not sure if I'm being PC or not, ut I'm a white 54 year old woman and feel that I was discriminated against as the first candidate they offered the job to wanted more money and the second candidate who did take the job, who arrived 20 minutes late for the interview and did not even apologise but HR said 'that's not a big problem, we can get past that'. I thought being late for an interview was a big problem. Am I being over sensitive? I don't feel fairly treated as I have never been late to work, and have been asked back there 3 times to work as a temp so they are obviously pleased with my work, I'm really confused on this.

[becky2585]

Hi there

 

For discrimination to occur, you have to be treated less favourably on the grounds of a protected characteristic, the main ones being race, age, sex or disability (but there are 9 in total). Do any of these apply to you, compared with the two people ahead of you who were offered the role?

 

If not, and by your own admission you performed poorly at interview, then no, it's probably not discrimination as an employer can choose who they wish to fill a job role.

[wannagethelp]

Hi, thank you for responding so quickly, and yes, race and age. They were both much younger and of a different race.

[becky2585]

Were there any other indications that the other candidates were chosen on anything but merit, or is it just an inkling?

[wannagethelp]

If I'm really honest, I think because it was HR that interviewed for the first time alongside the Manager, it may have been something to do with making the office more diverse as only white people working there, does that happen?

[becky2585]

Yes, it does... It is actually lawful to positively discriminate in some circumstances (e.g. balancing diversity in the workforce) but they'd have to be able to justify it.

[becky2585]

It's more common in public sector roles, btw, and most commonly found in employers addressing a disability equality balance, but it's still possible if ethnic minorities or young people are significantly under represented in the company.

[wannagethelp]

But would they tell me that was the reason. I feel silly about this because I know I did not give my best on the interview, although I was actually doing the job with no problems and the Manager was very happy with my work. How could HR just 'overlook' the disrespect of arriving 20 minutes late for an interview with absolutely no excuse or apology? Also, both these candidates were currently in work and I have been trying so hard to get a job for over a year! It doesn't seem fair at all with the current unemployment.

[becky2585]

I don't think being late to interview is fatal these days, if I'm honest. Its also not discrimination or unlawful to hire someone already in employment, in fact most employers see this as favourable!

 

If you genuinely believe you were discriminated against unlawfully (rather than just being treated unfairly, and there is a difference in law) then you could submit a discrimination questionnaire... But this could make your current position at work difficult, so think carefully whether it's worth it!

[wannagethelp]

Thanks Becky, I will take a look at that. I am not actually working there now, somebody else got the job, lol. But in all seriousness I do think I didn't stand a chance, HR were there for a reason.

[becky2585]

An sorry, I thought you were covering the role!

 

In that case, maybe you have nothing to lose, depending on whether you need the reference? If you do submit a discrimination questionnaire, you can ask what interview questions were asked to each candidate and the reasons they were chosen over you. Again, however, you may be burning your bridges, so I'd think carefully.

[theghost]

I agree that being late is no killer if there is a reason and the candidate is good.

 

Is is public or private?

 

 

My previous employer told me that candidates may be able to ask to see interview notes, hence they keep them written down.

[wannagethelp]

Well, to be honest I don't think I have nothing to lose. I would like to know why HR were there and how an obvious sloppy attitude to an interview, should have mentioned when asked if he had a problem finding the office he said no. But I do want to pursue this as I do feel truly upset and fed up with the situation

[wannagethelp]

Hi Theghost, it's housing, so does that count as public sector? I just don't understand that if I have been doing the job, on three occassions, with no problems, how can it be fair to offer to somebody else simply because I was nervous, too keen, on the interview and I know I should 'tread carefully' but hey, I've been kicked in the backside, I can't just roll over and not protest can I?

[wannagethelp]

I mean't to ask, does anyone know how I can find the 'discrimination questionnaire' as the link doesn't take me there. Also, if this was a question that they were working inside the law by 'balancing diversity', should I not have been made aware of that at some point? At least it would not have made me feel like I was good enough to do the job, and then to pull the rug out from under me and then say I wasn't good enough to do the job:-(

[honeybee13]

Hello there.

 

Have you looked at the EHRC [equality and human rights people] website? You should find information and possibly your questionnaire on that. They have a helpline too, which we've heard good things about.

 

My best, HB

[bonnygirl]

I mean't to ask, does anyone know how I can find the 'discrimination questionnaire' as the link doesn't take me there. Also, if this was a question that they were working inside the law by 'balancing diversity', should I not have been made aware of that at some point? At least it would not have made me feel like I was good enough to do the job, and then to pull the rug out from under me and then say I wasn't good enough to do the job:-(

 

On the first link there is an age discrimination template letter to send to employer.

 

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationAtWork/DG_10026429

 

http://www.lge.gov.uk/lge/core/page.do?pageId=119667#contents-2

 

http://www.homeoffice.gov.uk/publications/equalities/equality-act-publications/complaints-Equality-Act/

 

http://www.equalityhumanrights.com/about-us/vision-and-mission/our-business-plan/race-equality/

 

http://www.acas.org.uk/index.aspx?articleid=1841

Edited February 21, 2012 by bonnygirl