Is this Discrimination?

zzzLazyDaisy

Thanks for letting us know, Skibadee.

Let us know if you would like help writing a letter to HR explaining the reasons for your decision.

Also, if you wish to explore the possibility of making a formal complaint to an employment tribunal, come back and we'll talk you through what needs to be done. But do bear in mind that a claim would need to be filed within three months of the discriminatory act - so by 1st January to be on the safe side (which for all practical purposes, means you should aim to get any complaint in before the christmas break).

Dx

skibadee

I would like help in writing a letter to the HR dept., please. x

zzzLazyDaisy

Okay, I'll get back to you tomorrow with a letter.

Have you spoken to anyone at the company and told them your decision yet?

If not, where has it been left? (Just asking as I remember that you were going to be having a chat with someone over the weekend about induction days?)

skibadee

Well tried to....waiting for her to return my call!!!!

zzzLazyDaisy

Oops! Doesn't fill you with confidence, does it?

Okay I will get back to you in a bit with a letter.

Can you just remind me please - when the job was originally withdrawn, was that by phone or e-mail? Also when you were told that you would have to see an OHA before your 'application' could proceed - email? or phone?

Basically, I need to know what you have in writing about what happened early on?

Thanks x

skibadee

The withdrawal on medical grounds was by letter, I phoned same day and hadn't heard anything so had to email then the manager mentioned HR and OTA by email....the dates are all on one of m previous posts...thank you x

zzzLazyDaisy

Hi Skibadee

Here is a letter for you to look at. You need to fill in the missing information (marked in bold). You need to send copies of the letter and e-mail from the manager. You can send the letter by e-mail if you wish, but you should also send it by post with copies of the letter and e-mail. This is important as you may wish to make a complaint about the company later.

You should send the letter to HR by special delivery.

You do not need to send it to the home.

Come back if you have any questions

Dx

---

Dear [insert name of Head of HR Dept]

Re: Position of Housekeeper at [insert name] Nursing home; [insert town]

I refer to the letter dated [insert date] offering me the position of Housekeeper, at the above home, and to subsequent telephone and e-mailed correspondence.

I am now writing to inform you that, after careful consideration, I have decided to withdraw my application for the above position. The reason for my decision is that I have no faith that I would be treated fairly, given the manager’s obvious resistance to me being given the job at the home.

I am enclosing, for your information copies of the manager’s letter dated [insert date] withdrawing the job offer on medical grounds, and her e-mail dated [insert date] (in response to my questioning the decision) reiterating that all appointments are subject to satisfactory medical clearance and requiring me to attend an assessment by your OHA before my application could proceed. Since then, despite my numerous telephone calls and e-mails to HR and to the manager (most of which have gone unanswered) and despite my complying with all the company's instructions and requests, there has been no further progress.

For the reasons outlined above, I have completely lost all trust and confidence in the company as a prospective employer.

Yours sincerely


Skibadee

skibadee

Thank you very much zzzLazyDaisy for that and all of your help x

zzzLazyDaisy

You are welcome.

If you decide to make a complaint to the tribunal about the way you were treated, come back and we'll talk you through it.

It costs nothing to lodge a complaint, and there is a high probability that the company will agree a settlement with you rather than risk it going to a hearing and the manager having to attend and give evidence about her actions.

I am not normally in favour of the 'compensation culture', but I am very much against letting employers get away with discrimination - unless people speak up, this sort of thing will continue to happen.

But that's just my view!

skibadee

I came home to this email reply from HR....


Thank you for your e-mail regarding the above position which I have received today. I am unaware of your situation however I have asked the Area Operations Manager to look at your file as ********** the Manager at ********* has now left our employment.

I have not received any e-mails from yourself regarding the situation and I would be grateful if you could forward any e-mails received from ****** regarding this matter. As soon as I have received all the necessary paperwork I will contact you again.

I am sorry if you have lost trust in our organisation and any inconvenience this has caused and I hope that we are able to conclude this matter to everyone’s satisfaction.