Is this discrimination?

Terry_collins

Ladies and Gents

A friend of mine has asked if she is suffering from discrimination at workplace (civil service) for the following reasons:

1) Her colleague who does the same job has got 2 pay rises since April she has had one but she still gets paid more.

2) She has applied for jobs internally and it was rejected straight away no reason given. She feels that she met the criteria for both jobs so requested feedback several times from HR months passes still no reply.

3) She has then made a request under freedom of information still no response.

4) Grievance raised and manager has been dragging their heels and one month has passed no meeting but manager has tried to resolve informally by approaching HR directly but still no joy.

Does she have a valid case here?

Takeaway_Addict

yes but whether its illegal or not is a different matter.

People can be paid for whatever reason and can have increases for whatever reason as long as it isn't for something such as race, gender etc. There are also protections if they stand up for their statutory rights but ultimately proving this is the reason could be the hardest part.

They could just be simply trying to manage her out.

anamenottaken

Terry_collins wrote: »

Ladies and Gents

A friend of mine has asked if she is suffering from discrimination at workplace (civil service) for the following reasons:

1) Her colleague who does the same job has got 2 pay rises since April she has had one but she still gets paid more. (So your friend gets paid more than her colleague even though the colleague has received two pay rises since April 2013 and your friend one? Are you asking if it is discrimination against the colleague?)

2) She has applied for jobs internally and it was rejected straight away no reason given. She feels that she met the criteria for both jobs so requested feedback several times from HR months passes still no reply. Does she have a disability?

3) She has then made a request under freedom of information still no response. (She really ought to know that Freedom of Information cannot be used to progress such a matter. Did she really say FoI?)

4) Grievance raised and manager has been dragging their heels and one month has passed no meeting but manager has tried to resolve informally by approaching HR directly but still no joy. ( Is she using the formal grievance procedures? What do they say about timescale for responses?)

Does she have a valid case here?

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lincroft1710

OP, can you specify whether she has suffered racial, sexual, religious or disability discrimination? She may think she meets the criteria for other jobs but her line manager(s) may not. Many people have a higher opinion of their performance and capabilities than their line managers.

The Civil Service is very unlikely to practise any form of discrimination.

Terry_collins

Thank you to the feedback it was both Freedom of information act and data protection act request. She is black and the only female in the department of 5 people she works in. The two jobs she applied for there are no people from ethnic minority so she believes this is racial otherwise she would have received feedback hence no response is provided.

anamenottaken

Terry_collins wrote: »

Thank you to the feedback it was both Freedom of information act and data protection act request. She is black and the only female in the department of 5 people she works in. The two jobs she applied for there are no people from ethnic minority so she believes this is racial otherwise she would have received feedback hence no response is provided.

FOI - what was she trying to find out?

DPA - does the Civil Service require £10 to receive subject access data? - and "opinions" can be excluded I believe


Union member?

Takeaway_Addict

Is there anyone else that 2 pay rises ago was on the same wage as your friend who HAS had a payrise because from what you have said it just sounds like they are evening up the other person to your friends wage.

notanewuser

Takeaway_Addict wrote: »

Is there anyone else that 2 pay rises ago was on the same wage as your friend who HAS had a payrise because from what you have said it just sounds like they are evening up the other person to your friends wage.

It's common for the CS depts to do 2 pay rises a year - 1 "cost of living" rise and then a move by 1 point up the payscale. Somebody who was already at the top of the payscale would therefore only get 1 pay increase, while somebody lower down would get 2.