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Questionnaire Process in Discrimination Claim

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cesdlv | 15:36 Sat 01st May 2010 | Civil
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I believe that my employer may have refused to shortlist me for a vacant post for which I am well qualified because my existing contract is fixed-term rather than continuing. Can anyone advise me
1) presumably I can use the questionnaire procedure to try to tease out his reasons for excluding me?
2) I assume that the Equality Act is now signed off by the Queen but will not come into operation until much latere this year or even next, so I should refer to existing discrimination laws, particularly Fixed-Term Employees Regs of 2002?
Thanks
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You may have a case (although I doubt it will get far). But why do you think they would choose to discriminate against you . I doubt they thought you were the best candidate. I am sure that they can come up with an acceptable reason for turning you down- I doubt they'll hold their hands up to discrimination.
Good luck.
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Thanks, Factor30. I think you are wrong about my prospects, on the specific facts of my case which I have not disclosed. But I was really seeking legal advice about whether Equality Act is live and whether I can use SDA / EPA / RDA questionnaire procedures for a claim under FT Employees Regs.
Good luck, but I doubt it will help your career prospects in the longer term.
Ah but factor, have you forgotton the chap who made a living by sueing prospective employers for not giving him an interview?

He would send in applications in his own name (Asian sounding) and that of someone else (British sounding). If he didn't get an interview under his own name but did from the false one then he sued them for discrimination.

Anyway. There are a couple of points you need to clarify. 1 Does the company allow those on contracts to apply for other internal positions? 2 Is the position/contract you are presently in need to be covered more than the new one? 3 What did they say when you applied and you didn't get an interview and 4 What makes you think you should have been shortlisted above the ones they did?

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