Legal action against potential employer

TBagpuss

Presumably they were aware of your race from an early stage, if they've interviewed you and seen all of your paperwork.
They were also aware that you were on a visa so had that been an issue for them, they would presumably have decided against you earlier.
What makes you think hat they are not telling the truth when they told you they have found an internal candidate? It happens.

Its very bad luck for you that you have handed in your notice etc but on what you say, there is nothing to sugest that they have withdrawn the job ofer for any discriminatory reason.

I'd suggest that you speak to your old employer to see whether they would be willing to agre to you retracting your notice and continuing to work there and/or start applying again for new jobs.

randomi15

I applied through agency and think the agency didn't inform them re visa until they actually offered it. I was however asked if i have the right to work here and said yes in the interview

Once offered I could see the tone of emails and they may wanted to retract but couldn't or didn't to avoid any discrimination case or whatever

They then asked for so many evidence of visa and withdrew

I am seeking legal advise and strongly believe they are disgraceful and happy i didn't work for them

I am still however very annoyed of what they did to me and won't let it pass

Undervalued

randomi15 wrote: »

I am seeking legal advise and strongly believe they are disgraceful and happy i didn't work for them

I am still however very annoyed of what they did to me and won't let it pass

Just be careful you don't end up worse off trying to prove a point.

There is an old Chinese saying "Before you set out for revenge, first dig two graves".

bugslet

Do come back and let us know how it progresses.

sangie595

I am not seeing this as anywhere near as clear cut as you appear to think. For a start off, I can say with confidence that they did not ask you "too many" questions about your visa conditions and terms. I say this because it is a legal requirement for an employer to be absolutely clear that someone has the right to work in the UK. So there is no such thing as "too many questions" - they ask as many as they need to to assure that they comply with the law. It's very expensive for employers to make mistakes in this srea. Your situation is clearly not straight forward either. You say you only have a right to work in the UK based on your partners right to work in the UK, which is, in itself, dependant on employer sponsorship. So right now neither of you have an absolute right to work in the UK. On this basis, there is, in addition, a question as to whether the employer can employ you without permission - you have no automatic right to work in the UK, and in many circumstances an employer must demonstrate that they have been or will be unable to recruit someone with the necessary skills and experience who has an absolute right to work in the UK - which is based on immigration status and not nationality or race.


You also have no proof that there was not a valid reason for an internal appointment being made to the position instead of you - this person could have become at risk and therefore have priority over suitable alternative employment, been on maternity leave and the employer is having to find them a position, or any one of a dozen other reasons.


I would also echo the point made about no win no fee representation. It is incredibly easy to end up out of pocket if you are not careful. For example, more than a few employers faced with this sort of claim may be confident they would win a case, but wish to avoid the expense. They would likely make a settlement offer, which is frankly not likely to be very much. In such cases, if you may find that if you take the offer, you are in fact not "winning" and will have to pay the whole of your legal fees. Alternatively, refusing such an offer if the lawyer recommends you accept can also land you back with fees to pay. Especially in employment cases, there is no such thing as a free lunch. Lawyers cannot, unlike other areas of law, expect to recover their fees from the employer when the employer loses (if they lose). The money comes from somewhere - they are not acting for you for free. So it may come from insurance (which can be pricey, and doesn't necessarily cover all your costs - it often doesn't cover court costs which will be over £1,000 for a start) - and /or one way or another it will come from you.

randomi15

i see your point.

Firstly there is a helpline to verify my eligibility of working in here.

Two they asked me to sign a contract agreeing if visa was not renewed employment is terminated which i willingly signed as i liked the job

So clearly there was no need to ask about my partners visa document and letter from her

She has been with her employers for 4 years plus

They also do not need to prove anything or conduct RLMT( resident labour market test) as my visa has no restriction and do not require the employer to go through the process of finding a suitable candidate in UK/EU etc. This is only needed if i am sponsored by them

Since my email to them saying i want a clear explanation and reserve the right to take legal advise they have offered me compensations as gesture of good will!

What does this suggest to you?

I am not going to let them go that easy after how they played me

They are saying this is geature of good will but it sounds like bribing as they know i have grounds for suing them

Undervalued

randomi15 wrote: »

Since my email to them saying i want a clear explanation and reserve the right to take legal advise they have offered me compensations as gesture of good will!

What does this suggest to you?

I am not going to let them go that easy after how they played me

They are saying this is geature of good will but it sounds like bribing as they know i have grounds for suing them

Not as much as you it seems!

As has been said above, there are all kinds of reasons why employers settle such cases.

Going to a tribunal will cost them money even if they win and it will waste hundreds of hours of staff time preparing a case. Often it is cheaper to settle regardless of who is in the right.

Take some proper advice, be careful how much you spend. It may well be taking the "goodwill" offer is the best option.

randomi15

Cool thanks for the advise

I don't want the hassle either but annoyed

I will have to look at my options and re think this process

bugslet

randomi15 wrote: »

Since my email to them saying i want a clear explanation and reserve the right to take legal advise they have offered me compensations as gesture of good will!

What does this suggest to you?

I am not going to let them go that easy after how they played me

They are saying this is geature of good will but it sounds like bribing as they know i have grounds for suing them

I was taken to employment once tribunal once. The person involved had their (greedy) eyes fixed firmly on a sum of over 40k. We were advised by our solictors to offer a figure in effect to make things cheaper.

We declined to do so on the grounds that we didn't think we had acted wrongly. We got to tribunal and offered a figure of around 17% of their expected figure on the solicitors advice - again it would turn out to be less than the costs of the tribunal.

In the end the individual got 5% of the original figure ( not for his claim but for technical failure on our part to follow procedure) and had to take several days of work.

So people offer money because they can see where it's going and can't be bothered .

Personally I hope they fight; I'm happy to 'lose' 25k defending myself than to give money to someone who is a bit narked.

sangie595

Undervalued wrote: »

Not as much as you it seems!

As has been said above, there are all kinds of reasons why employers settle such cases.

Going to a tribunal will cost them money even if they win and it will waste hundreds of hours of staff time preparing a case. Often it is cheaper to settle regardless of who is in the right.

Take some proper advice, be careful how much you spend. It may well be taking the "goodwill" offer is the best option.

Totally agree. If an employer offers an immediate something all it says to me is that they can't be bothered right now. Because they wouldn't have consulted lawyers on a case that hasn't been brought! Once they do consult lawyers it gets messy and expensive for everyone, and may not even result in one penny more (in fact it can result in everything coming off the table).