Discrimination

[Cassiazmum]

Any legal opinion on the following would be welcomed.

I applied for a job under my real name (a ethnic name) and was rejected the next day. I was really surprised to be rejected as I was well qualified for the job.

As I was suspicious, I applied for the same job under an "English" sounding name, with exactly the same qualifications. The next day I got an email inviting me in for an interview.

My question is this. Do I have enough evidence to present a claim of race discrimination to an employment tribunal?

If not, how much more evidence needs to be gathered?

Thanks in advance.

Have you, using your real name, asked for feedback as to why you were rejected?

The company will probably say

On the first day, we had 20 applicants who were all equally qualified - so we randomly selected 5 from 20 for an interview. You were just unlucky to be in the 15 that were randomly rejected.

On the second day, we had another 30 applicants who were all equally qualified - so we randomly selected 5 from 30 for an interview. You were one of the lucky ones on this occasion.

You're going to have to prove that they have rejected you because of your ethnicity alone. And short of admission, its going to be very difficult to prove.

If your real name is clearly linked to a particular racial or religious group then you can certainly make a complaint to the employer setting out your reasoning for feeling that you were treated less favourably than someone without your protected characteristic was or would have been treated. If the employer is a public body, like a local authority, you can ask for a copy of the information they hold on how many people of particular racial groups applied for jobs with them, and information that would help you to make your argument - for example, how many have been appointed in the last 2 years. You can still ask for this information if they aren’t, though they can tell you that they do not hold it.

How far you take it after that is up to you. You can in theory, if you feel you have enough evidence, go to tribunal for financial loss (your financial loss could be what you would have earned in a year over and above your current salary if you had got the job) or injury to feelings. It’s not a quick or straightforward process though, and you may feel you’d prefer to cut your losses and move on to concentrating on employers who would appreciate you.

Not a chance

Yes they said it was an admin error

Hmm, that's a strange way of recruiting people. I'm not suggesting they didn't do that but it isn't the best way to find the best employees!

Yes I know the employment tribunal could be years away, but if people like me don't challenge discrimination nothing will change for my kids.... I want better for them.

The only evidence I have is what I mentioned above. The company (one of the biggest logistics companies in the world) replied via HR stating it was an admin error. Total bs.

Strange how someone said above that for race discrimination- short of an admission it would be difficult to prove. I wonder if this case was about sex discrimination would that still be the case? If so what is the point of courts and employment tribunals?!

If they said rejecting your first application was an admin error does this mean they have now invited you (with your true name) to an interview?

Tell them your sending the second application with a different name was an admin error.