Discrimination?

[GrumpyCowToday]

Do you think this is discrimination?

The job is for a managerial position in a care home.

Candidate A
30 years old with 2 children
7 years relevant experience
HE Certificate in Dementia
Registered nurse (with a degree)
First Aid certified

Candidate B
55 years old with grown up children
10 years relevant experience
no other qualifications (literally none!)

Candidate B got the position.

How do you know candidates CV, how they both performed at interview, if candidate A had disciplinary etc??

There are many other factors in someone being offered a job, so in my opinion there's not enough information provided.

Take children and age out of the equation (as per equality) and there's not much in it - maybe candidate B came out better at interview.

On which protected characteristic are you alleging discrimination?

Are you saying you think person A should have automatically got the job, due to their qualifications?

It doesn't work like that and nor should it.

On which protected characteristic are you alleging discrimination?

Precisely. We're way too light on detail to make any constructive comment.

Not necessarily
Depends on who interviewed better on the day

Well perhaps candidate B is more flexible and has more experience and comes across as being more mature. They may not need a Nurse for a managerial role.

"People skills" might be more relevant for a managerial role than nursing qualifications.

It doesn't work that way, sorry.
Was there a job description/ person spec, formal application, interview?

It should be best person for the job. Usually based on people being asked very similar questions at interview and then scored.

Can you tell us a bit more?

I don't think any particular protected characteristic is being discriminated against - I think it's likely HO is worried that Candidate A will need time off if her children are unwell, or may have maternity leave at some point.

Both candidates are women.

Candidate A already works for the company, and Candidate B openly admits she's got no qualifications because she wants any staff member without an NVQ to enrol on a course even though 'she's never needed bits of paper'.

I am not saying Candidate A should automatically get the job because she has qualifications, but having experience and quals is surely a good thing?

Also, as a nurse she can administer certain medication such as Insulin (on her shifts at least) rather than need a district nurse to come in.

By what protected characteristic do you think this is discrimination?

There needs to be more information to work out if Candidate A was discriminated against.

I should remind you that Candidate B is in the age bracket where age discrimination frequently occurs as older people often don't have the qualifications of younger people but have more experience. This includes experience directly linked to the role and other experience that would be useful in the role.

(I interview people and as long as you don't admit sitting around in your spare time and twiddling your thumbs I don't care how many children you have.)

Which one is a better manager?
Which person has more relevant experience, including specifically to the type of personalities they will be managing?
Did either better evidence previous successes, such as bringing in efficiencies, reducing cost, improving staff morale, fostering a better team approach?
Can they both cover the required hours and days or working?
We're there any skills assessments- did they both score the same?
Are they both equally as personable and confident in an interview?

I don't think any particular protected characteristic is being discriminated against

Then it’s not discrimination. Discrimination is very specific with very precise terminology.

Completely depends how they interviewed!

I was on an interview panel a few months ago where 1 candidate was very qualified, another was less qualified.

We chose the less qualified person as we felt that personality wise she would fit much better with our team dynamic. She was friendly and warm.

The more qualified person came across as very imperious, quite cold and made us feel a bit off.

Candidate A is just a bit miffed and wondered if it was discrimination. When she asked for feedback about why her application was rejected she was told the hired candidate has more experience.

Candidate A is the deputy manager who is more qualified than her new boss.

Will they be the registered manager? Maybe the experience is more relevant? First aid is a two day course so not a big deal. Maybe they don't need the person to step in to deliver restricted procedures?

Its really hard to know without knowing how the interviews went. We interviewed someone who on paper was the superior candidate but she came across awfully in her interview, she clearly thought the her high level of qualifications made her better than anyone else.

OP experience doesn't mean experience directly linked to the role though but it will be worded so you think it is.

Oh and @CocoR be careful with using words like "fit" and "team fit".

Obviously I wasn't at the interview to know the full details, and neither candidate were at each other's.

The hired candidate does have more experience. 25 years of it. Knowledge, wisdom, and maturity.

Candidate A is the deputy manager who is more qualified than her new boss.

Perhaps A needs to consider that there is something about her personality/work or management style which prevents her from obtaining higher positions.

I don’t think there’s anything suspicious in this. I think having the right personality and character probably came into it here as much as anything else - and experience may have counted for more than additional qualifications.

Yes, Noeuf, Candidate B is now the registered manger, and Candidate A is still in the deputy role.