Discrimination?

[Luthien9436]

Hi there

Back in February I expressed interest in moving up in my role, my manager stated that he wasn't sure I had enough evidence but he would support me 100%.

I went away and filled out the evidence form with the guidance from colleagues who had previously been successful in moving up the ladder and ensured I followed the points on the promotion documents we have.

I had a follow meeting with my manager to go over my evidence form and I expected pointers on what to improve but before we'd even sat down and I'd opened the form he stated that he didn't think I was ready and I should wait till the next window. I was a bit confused by this and he then proceeded to tell me that I couldn't include evidence of transferable skills from previous jobs as it was about the work I'd done here. This confused me more as the forms my colleagues had submitted for promotion and been successful with contained lots of evidence from their previous jobs.

I requested several meetings after this to try and understand where they felt I didn't meet the criteria for promotion as I believed I'd evidenced my skills well. I got vague statements of needing more exposure but nothing actionable and clear.

In my 121 notes there's mention that I need to pass an exam to be promoted but my colleague didn't have the same requirement. They're also no seemingly expecting me to travel to various sites before I'm eligible which again my colleague wasn't expected to do.
I worked hard on one specific project and got told that I had pigeonholed myself, whereas my colleagues the same day were advised in their 121 to find something to specialise in to increase their visibility and chances of moving up.

I also asked in February to do a training course and was told again that I needed to pass this exam first. I was on sick leave for a period of time and when I came back my whole department bar me was going on a training curse. Two people were going on the course that I requested to go on. I was told that the booking was done at short notice and that's why I wasn't included but I later found it my colleague had a course booked for him whilst he was absent but they didn't do the same for me. I enquired about this and was told that they would now let me do the course in October as it would give my time to pass the exam. The two colleagues going on the course haven't passed the exam either, in fact one colleague hasn't even done the course to be eligible for the exam.

I am unsure why I appear to be being treated so differently but the only point to note is I'm autistic and female and the rest of my team are men.

I'm just looking for advice on the situation does it seem like discrimination? If in the worst case scenario this went to tribunal would I have a good case?

[ULA]

Have you raised this with anyone other than your manager such as HR?

[Luthien9436]

Yes I currently have a grievance ongoing, awaiting the outcome but even after lodging the grievance I'm still being treated differently.

[ULA]

If you have a grievance in process and you have not had the grievance meeting yet, then document these continued instances - date, time, what it was, by whom and any witnesses present - and then raise these at the meeting

[Luthien9436]

The course issue happened the day of my meeting and I did raise it immediately after as evidence of different treatment. It wasn't until yesterday that it escalated further and I was told I would need to do the exams etc before doing the course. It's all via email so documented and saved.

But is this discrimination? I can clearly see I'm being treated differently hence why I've raised the grievance but they do make you doubt yourself. I'm not sure my grievance will be upheld and I'm ready to appeal/take to tribunal if absolutely necessary but I would like to know that I'm not being dramatic I guess

[Benny8902]

The course issue happened the day of my meeting and I did raise it immediately after as evidence of different treatment. It wasn't until yesterday that it escalated further and I was told I would need to do the exams etc before doing the course. It's all via email so documented and saved.

But is this discrimination? I can clearly see I'm being treated differently hence why I've raised the grievance but they do make you doubt yourself. I'm not sure my grievance will be upheld and I'm ready to appeal/take to tribunal if absolutely necessary but I would like to know that I'm not being dramatic I guess

would probably fall in grounds of victimisation for doing a protected act if you raised a grievance which was subjected on grounds of discrimination.

[Luthien9436]

Sorry I meant would the whole thing be considered discrimination not just the issues with the training course after I submitted the grievance

[ULA]

Luthien9436 given what you have said then potentially you have a claim for disability discrimination. Ultimately the only place where you can take this to made an actual determination would be a Tribunal

However you are in an internal process and I would lay out your evidence on the basis of you stating that the way you have been treated has been unfavorably compared to your colleagues is due to you being neurodivergent and is disability discrimination.

Also if all the colleagues that you can compare your unfavourable treatment against from your first post are men, then it could also be sex discrimination

[Luthien9436]

Thank you yes I'm the only woman in the team and all my colleagues who received promotion previously were men.

I'm just mentally preparing for the worst as I'm not sure I got my point across well in my grievance meeting. I thought afterwards I should have requested the questions in advance as a reasonable adjustment as I struggle to verbalise my thoughts under pressure.

[ULA]

I think that the last point in your latest point is a good one to remember as you deal with the internal processes and is a reasonable adjustment to request, given your neuro divergence, that should be considered by your employer.

[Luthien9436]

I recieved my outcome today which unsurprisingly didn't uphold the discrimination aspect. I have attached what I recieved and would appreciate thoughts on it (yes it does say draft all over the official document).

I think I intend to appeal it and just wondered how to go about it. I'm unsure how they can say that applicants previous experience wasn't taken into consideration when its on both of their forms and they were not told to remove it or that it wouldn't be considered. My colleague is going to provide me with a written statement as evidence for this.

My workplace have also not provided me with any explanation on how they came to these findings, should i request this before lodging the appeal? I have 10 working days to lodge an appeal.

[Benny8902]

I recieved my outcome today which unsurprisingly didn't uphold the discrimination aspect. I have attached what I recieved and would appreciate thoughts on it (yes it does say draft all over the official document).

I think I intend to appeal it and just wondered how to go about it. I'm unsure how they can say that applicants previous experience wasn't taken into consideration when its on both of their forms and they were not told to remove it or that it wouldn't be considered. My colleague is going to provide me with a written statement as evidence for this.

My workplace have also not provided me with any explanation on how they came to these findings, should i request this before lodging the appeal? I have 10 working days to lodge an appeal.

The statement "I cannot find any evidence that you have been discriminated on the grounds of sex or disability," is standard denial on the part of the employer, no one wants to admit liability, otherwise they "could" potentially be liable in future within an ET to pay you. Now you're appeal should form the rebuttal germane to the fact that the individual did not go far enough to draw 'interferences' from the facts that you have provided, also by undertaking 'objective' and 'subjective' "tests", which is clear the individual failed to do so within their letter. You will notice as well the individual contradicts themselves throughout the basis of the excerpts you have provided. You should break the appeal down, and look for any contradictions more, and use those as points of "attack", remember bullet points throughout, keep the points relevant and don't waffle.

I would though however, break everything down even more, such as this point about "no evidence", you should rebuttal that point first, and have have separate points on the above criteria, then look for more areas which are points as below, or contention where they have no done enough within the views of law.


Also any policies and procedures they failed to undertake you must draw their attention to that as well in your appeal letter. I would also put in a point about how this has made you feel, as that will go towards the "injury to feeling", if you do go to ET and are awarded compensation.


The Statutory Code of Practice on Employment 2011 is also relevant throughout the appeal, for certain points, you can download it from ECHR website and pick the relevant parts which support the position which you want to take.

[Luthien9436]

The statement "I cannot find any evidence that you have been discriminated on the grounds of sex or disability," is standard denial on the part of the employer, no one wants to admit liability, otherwise they "could" potentially be liable in future within an ET to pay you. Now you're appeal should form the rebuttal germane to the fact that the individual did not go far enough to draw 'interferences' from the facts that you have provided, also by undertaking 'objective' and 'subjective' "tests", which is clear the individual failed to do so within their letter. You will notice as well the individual contradicts themselves throughout the basis of the excerpts you have provided. You should break the appeal down, and look for any contradictions more, and use those as points of "attack", remember bullet points throughout, keep the points relevant and don't waffle.

I would though however, break everything down even more, such as this point about "no evidence", you should rebuttal that point first, and have have separate points on the above criteria, then look for more areas which are points as below, or contention where they have no done enough within the views of law.


Also any policies and procedures they failed to undertake you must draw their attention to that as well in your appeal letter. I would also put in a point about how this has made you feel, as that will go towards the "injury to feeling", if you do go to ET and are awarded compensation.


The Statutory Code of Practice on Employment 2011 is also relevant throughout the appeal, for certain points, you can download it from ECHR website and pick the relevant parts which support the position which you want to take.

Thank you, I hadn't actually noticed any contradictions in what they said though, where do you note these as thats very interesting? Admittedly I'm still trying to get my head around everything. Takes me a while to process these things.

It's also funny that they say I wasn't discriminated against on the grounds of disability, as the issue of disability discrimination was related to the documentation surrounding the pathway not solely them asking me to work in different environments. It doesn't seem like the investigating manager has understood my points at all.

[Benny8902]

Thank you, I hadn't actually noticed any contradictions in what they said though, where do you note these as thats very interesting? Admittedly I'm still trying to get my head around everything. Takes me a while to process these things.

It's also funny that they say I wasn't discriminated against on the grounds of disability, as the issue of disability discrimination was related to the documentation surrounding the pathway not solely them asking me to work in different environments. It doesn't seem like the investigating manager has understood my points at all.

The contradiction happens when they state no evidence of discrimination but then go on to admit a systematic issue, by partially upholding the grievance. That's the first point of contention, the only way to really appeal in my view is you dissect the outcome, break it down into sentences, and read it through several times.

Point 1 and 2 also are contenders, it suggests potential indirect discrimination, or systemic issues with the shortcomings in the support.

Then point 4 is some way forward - but then in point 5 they really contradict what they are saying. Basically point 4 acknowledges a clear plan would provide clarity on progression, then in point 5 it suggests even with a clear plan in place which they purpose in point 4 that it lacks clarity, indicating a contradiction in the effectiveness of the purposed "solution".

Others might have a different opinion for me I would start with the 1st point made of no evidence of discrimination and why this position is wrong (as above)

[Luthien9436]

for context here is the grievance letter I submitted originally (posted on neext page as I failed at uploading this one and can't seem to delete the response)