Discrimination case??

2

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  • It's not exactly ethical but it's definitely not discrimination: you weren't discriminated against - you just didn't get the job.
  • Nick_C
    Nick_C Posts: 7,442
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    It's not exactly ethical but it's definitely not discrimination: you weren't discriminated against - you just didn't get the job.

    Well I would say he was discriminated against. But the discrimination was lawful.
  • ady19792
    ady19792 Posts: 17 Forumite
    At no point was I using the managers influeance to help me, if I wasnt accepted the for the job it would of been fine.
    It's the under hand tactics used, I was discriminated against as I wasn't given the questions that would be asked in interview before hand.
  • YouAsked
    YouAsked Posts: 97 Forumite
    ady19792 wrote: »
    I approached their long serving manager who I have a good relationship with as we share a yard stating I was interested in their vacancy and how do I apply? He was very keen and told me he would love to have me working for them and gave me the details.
    I applied for the job and for a few weeks he was really chatty and saying hope you get the position. ..

    So you thought you had it in the bag but this manager pulls strings for someone else? Imagine if you'd got the job and someone else put a post up on here saying "I applied for a job but another colleague was matey with a long serving manager and had off the record chats about the job, with this manager saying he hoped my colleague got the job. He did get the job and I feel i t was favouritism and I wasn't given a fair chance" - you can't only be against favouritism when it doesn't work for you!
  • TBagpuss
    TBagpuss Posts: 11,198
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    I don't think you have a discrimination case.

    You could if you wished raise the issue (anonymously if you feel it necessary) to query whether :

    - The manager disclosed to his employer his relationship with the candidate
    - The employers were made aware of his emails demanidng that his BIL was given the job and that interview questions were provided in advance
    - Whther there was any breach ofthe firm's policies
    - That the involvment of the manager in recruiting his brother in law over candidates who appeared to be more qualified resulted in a perception of unfairness and bias.

    It may well be that the firm is unaware of the family relationship between the two and I would assume that under normal cirumstnaces, the manager would have the final say on recruitment for his immediate staff, so the issue is probably whether underthe company's policies he ought to have disclosed hs relationshipo and stood back from the decision making process.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Undervalued
    Undervalued Posts: 8,839
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    ady19792 wrote: »
    At no point was I using the managers influeance to help me, if I wasnt accepted the for the job it would of been fine.
    It's the under hand tactics used, I was discriminated against as I wasn't given the questions that would be asked in interview before hand.

    Maybe you were but nothing you have posted here suggests it was unlawful discrimination.

    The manager's conduct might have breached some of the firm's internal rules, policies or proceedures. If so you can make an internal complaint about that if you want to. It might get him into some trouble but where, if anywhere, it gets you is another matter.
  • steampowered
    steampowered Posts: 6,176
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    There is no legal recourse here. As others have advised this is not discrimination within the narrow legal meaning of the word. It is actually perfectly legal to give someone an unfair advantage in a hiring process because they are related to you.

    However there may be a recourse through the train company's internal policies. As they are a large organisation they will probably have recruitment and hiring policies designed at ensuring the best person gets the job.

    If you feel that the recruitment process was unfair you have the option of putting in a grievance to HR, who may or may not decide to investigate.
  • SandC
    SandC Posts: 3,929
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    You could raise a grievance against the procedure used but it won't get you the job and it may open up a whole can of worms about all the snooping going on - the Manager who showed you these deleted emails should not have done so as well he knows!

    It really would be best to leave things lie. No it's not fair but as other posters have said, we've all been in work situations where we've seen others given preferential treatment over more deserving candidates, you have to move on and not dwell on it.
  • FBaby
    FBaby Posts: 18,367
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    Are you happy in your current job? You say this job is the same as you do now so not a promotion? How bothered are you?
  • Kynthia
    Kynthia Posts: 5,665
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    You weren't illegally discriminated against. The family member was given an unfair advantage and the manager probably broke work policies which could get him disciplined if caught. If he is caught you aren't going to get this job though.
    Don't listen to me, I'm no expert!
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