Am I being discriminated against?? What can I do??

[Difers]

Hi there,

Long story but here goes:-

I applied for job in 2005 working as an Occupational Therapist in Social Services for a local council. By the time I was interviewed I was 8 months preganant. I didn't get the job as "I wasn't the strongest candidate". This week I have found out the person that they employed had 6 years less experience (I have 10 years exp and 6 in social services) and no experience in Social Services. The EOC say that as more than 3 months have lasped I can't take action on this.

I applied for same job in may this year but job was for 33 hours. I said at interview that I could only do 2 days as can't get any more childcare (very rural area) They said I could do 21 hours but I declined job as felt that trying to do 33 plus hours of work in 21 hours would be stressful. It was given to a man with 1 years experience and no social services exp. They have upped his hours to 37 and now the 2005 person is leaving and they have employed me temporarily 1 day a week (that's all the childcare I can get now)as tey are now desperate.

The same job is being advertised for 33 hours per week but I just can't do those hours. I would like to work for them permanently as it is my speciality and if I don't work for them I would have to travel miles as in very rural area.

Can I ask that they consider me as a job share. It would be possible?

Am I being discriminated against at the moment?

You can ask for job share. ANd flexible working.

They do have the right to refuse you though, if they have sound business reasons for doing so.

Bump for flowerybeanbag.

I could say alot and not get it right so I will leave it to the master

What I will say is that they have a business need and that is (unfortunately) a good excuse for rejecting a flexible working application. I would personally have a go - they can only say no but you are at least showing you are very keen to do more. I would like to think that Social Services would take an experienced person for however many hours they can get!

Hi Difers.

Sounds like you were discriminated against last time, you were right to contact the EOC and unfortunately you did leave it too long.

When you applied in May, you were not discriminated against, the job was 33 hours, you couldn't do that, and they even offer you less hours, but you declined that as well. They tried to accommodate you which was very good of them really.

You can certainly ask that they consider you for a job share this time round, especially as you are in post on a temporary basis. If as you say it would be possible, you ought to be able to write a decent business case for it, including what the benefits would be to the organisation of having a job share rather than one employee.

If you have a child of under 6 you are eligible to apply for flexible working which this would be, but unfortunately you have to be an employee working continuously in post for the employer for 26 weeks to do this.

It does sound like they are a bit desperate and would probably be open to considering a job share if you present a decent business case.

Aw, thanks callmeovercautious!

I suppose I feel a bit pissed off really as in May I did verbally request a job share.

Have you the right to ask for a job share at interview if I am only temporarily employed with them? I only started last week.

No you don't have the right I'm afraid, but I think it would be definitely worth having a go.
I would get as prepared as you can, put together a really good business case for it, all the good benefits (for them) about a job share, think of all the potential objections and propose solutions for them etc. Go into the interview armed with your research and preparation, and with something in writing in terms of a proposal to give them.
If you wow them, a combination of that and the fact that they obviously like you, and are struggling to recruit, should stand you in good stead.

I had a good link the other day to a document outlining the business benefits of flexible working, will have a look, hang on.

here, it's from the EOC and is aimed at managers, but contains lots of useful stuff about why flexible working is good, which you can build a good business case around.

Thank you very much Flowerybeagbag. I might just e-mail The Team manager and Human Resources dept a business case as you suggest. I'll have a think first!