Cymraeg
EnglishThe Issue
Client contacted us on behalf of her partner who worked for an agency in the mining/quarrying industry as a security guard. The agency he worked for lost the contract, and workers were advised that they would be able to work for the same company but through the new agency. 4 workers were looking to move over. 3 workers were white and the client’s partner is Indian.
The new agency was meant to contact the workers to give them application forms and new details of the work. The client’s partner was not contacted.
The 3 white workers were employed but the client’s partner was not, despite making them aware he wanted to apply. There was a possible relevant issue of a friendship between one of the white workers and a manager at the new agency. This worker had previously had a complaint made against him of racism. The client’s partner believed that the reason he did not get a job was because of his race.
EASS Advice and Support:
Client was advised by the EASS on the definition of race, direct discrimination and the need for a comparator. The EASS modified a template letter to be sent to the new agency. The response from the new agency was that the management of the Quarry (the Employer who used the agencies to find staff) had issues with the client’s partner; however he was not aware of this. The client contacted them directly who confirmed that they were happy with his performance.
The EASS advised the client on the burden of proof and their need to prove that the reason not to employ him was discriminatory, and the need to show that there was no legitimate reason not to employ the client’s partner. The EASS advised the client to make a subject access request to show that there were no performance issues as this was the reason given for not offering the job. The EASS advised that the white workers could be the comparators and that the less favourable treatment could be not being offered the position, because of his race.
The client was referred to ACAS to check on his rights as an agency worker, and to advise what the next step would be; to submit a 2nd grievance letter or to use the EA 2010 questionnaire.
ACAS suggested pre-claim conciliation and mediated for the client’s partner. The client advised the EASS that they had accepted a settlement offer, and was very happy with the advice the EASS had provided. The client said that without the specific and relevant equality advice she received from the EASS that this issue was unlikely to have been resolved out of court.
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