My Status

hothothot_3

dukesy wrote: »

If two IDENTICAL applicants (regardless of sex, colour, pregnancy, disability, creed, religion or any other criteria) applied for a role, and applicant A said that they were only able to work from 10am due to "other commitments" and applicant B could start at 9am as required by the role, would you consider this discrimnatory or common sense ?

It discriminates against applicant A. The same way I discriminate when I go to supermarket that I choose what I like rather than buy everything.

The problem is when something becomes unlawful discrimination, the case you mentioned did not appear to break anti discrimination legislation.

Back to this case I could even state that the employer could be discriminating based on perceived sexual orientation. They asked her whether she had a boyfriend, when in fact she could be gay. Would they have asked the male candindates if they had boyfriends? dont think so. Therefore, she was unlawfully discriminated in the recruitment process based on perceived sexual orientation. Now, without a recording or witness, how can she challenge this?

I agree more people are taking employers to tribunals, is factual, one could argue that it is becoming a compensation culture, id say that compared to many other european countries our legislation has taken ages to begin to catch up and unlike yourself, (no offence), I have had family members unlawfully discriminated in the 1970s quite blatantly on their race and sex so it is something I have a bone of contention with.

Im glad you work for a fair employer but sadly this is far from universal.

hothothot_3

dukesy wrote: »

I fully appreciate that there are employers out there that will (in your words) "misbehave".

But i dont think that this excuses deliberatley misleading them, taping an interview andf looking for reasons to go to a tribunal.

I havent come across malpractice at work , correct, but that is because I work for a company who engender a mentality of being Mutually open, honest and truthful from both parties.


Thoughts ?

I have never suggested people go "looking for reasons to go to a tribunal" (your own words).

Id have thought you would not embellish my own comments on here, I have suggested an idea to help people who have felt unfairly discriminated to have an opportunity to gather evidence, not a broad sweep at anyone who goes for a job to try and vexatiously make a claim.

If I was a good employer working within the law I wouldnt be so concered of being recorded.

Total_Chunk

I was under the impression that it was illegal to ask questions like that. I understand that companies want to watch their back, particularly with the economy the way it is but they should hire the best candidate irrespective of their personal circumstances. I wish it worked that way...