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Ive been refused a 39 hour contract because...

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clashcityrocker
Posts: 16692
Joined: 22 Sep 2009, 13:50
Gender: Male
Location: strummerville

Ive been refused a 39 hour contract because...

Post by clashcityrocker »

rehabron wrote:
clashcityrocker wrote:
rehabron wrote: Where did you get that the ability to drive( or not) is a protected characteristic from ?
You were the one that started talking about discrimination.
That does not answer my question. You were the one that mentioned driving (or not) was a protected characteristic
What Is Discrimination?
Discrimination means treating a person unfairly because of who they are or because they possess certain characteristics. If you have been treated differently from other people only because of who you are or because you possess certain characteristics, you may have been discriminated against.
The Equality Act 2010 highlights 9 protected characteristics:
Age
Gender
Race
Disability
Religion
Pregnancy and maternity
Sexual orientation
Gender reassignment
Marriage and civil partnership

It doesn't mention the possession of a driving licence.
Therefore it isn't discrimination.
The societies of consumption and squandering of material resources are incompatible with the idea of economic growth and a clean planet.
Lounge Lizard
EX ROYAL MAIL
Posts: 9458
Joined: 06 Aug 2007, 21:54

Ive been refused a 39 hour contract because...

Post by Lounge Lizard »

rehabron wrote:
Lounge Lizard wrote:
clashcityrocker wrote:
rehabron wrote: What price seniority?
I think you will find that someone with a driving licence has always been considered before a more senior person without a driving licence for a job that entails driving.
- and how could it realistically be other than that ? :arrrghhh :roll: :arrrghhh :roll:
Non drivers should just accept that they're not as versatile and so not as useful as drivers. :thumbup
I learnt to drive, in my own time and at my own expense, in case it would be useful at work and that is how it has proved during my years with Royal Mail. :nana :nana
Rm in my experience on the driving function of the business provided training for upgrading to different classes of vehicles because they were required. Again I come to career improvement within RM which again has not been answered. Probably will find that "Jimatin" woks in the processing function but the point I am making rather than refuse him for applying for an increased in his contracted hours for the duty that required a licence his DOM should have advised him of any opportunities that was available to him to further his career development within the business. Even if it means that he takes his driving test in his own time. To write him off without giving him alternatives to further his duty applications does not correspond with their statement of improving yourself within RM.
In a privatised Royal Mail management have no interest whatsoever in our "career improvement" and the suggestion that "his DOM should have advised him of any opportunities that was available to him to further his career development within the business" is little short of farcical. :arrrghhh :roll:
jamitin
Posts: 4
Joined: 14 Oct 2011, 15:53
Gender: Male

Ive been refused a 39 hour contract because...

Post by jamitin »

Thanks everyone for your many replies. These vacancys were were advertised just before Christmas of 2016, so it's too late to do anything about, but if the vacancys come up again I would like to have some more information about this as i wasn't aware until my dom had said that you need to have a driving licence in order to go full time. I joind the royal mail in 2004 at a time when a driving licence was not needed because as I'm sure most of you remember we were dropped out in the vans, but I always thought that seniority would be priority to employees but not according to our dom, when we had our repick for example he told the walkers to pick first then ppl who drive were to pick what was left, so ppl who had been there a lot longer than me became a reserve. Anyway, I wasn't the only one turned down because I don't drive there was someone else, we told the union rep what the dom had said and they said he's right that it's the future of the business.
rehabron
Posts: 1372
Joined: 01 Jul 2012, 18:43
Gender: Male

Ive been refused a 39 hour contract because...

Post by rehabron »

clashcityrocker wrote:
rehabron wrote:
clashcityrocker wrote:
rehabron wrote: Where did you get that the ability to drive( or not) is a protected characteristic from ?
You were the one that started talking about discrimination.
That does not answer my question. You were the one that mentioned driving (or not) was a protected characteristic
What Is Discrimination?
Discrimination means treating a person unfairly because of who they are or because they possess certain characteristics. If you have been treated differently from other people only because of who you are or because you possess certain characteristics, you may have been discriminated against.
The Equality Act 2010 highlights 9 protected characteristics:
Age
Gender
Race
Disability
Religion
Pregnancy and maternity
Sexual orientation
Gender reassignment
Marriage and civil partnership

It doesn't mention the possession of a driving licence.
Therefore it isn't discrimination.
This decision shows that employees cannot just rely on being part of a disadvantaged group in order to be successful in a claim for indirect discrimination. However, there may be cases where the statistical evidence is so strong that employers will need to be prepared to defend a claim with evidence that the disadvantage suffered by the individual claimant is for a reason unconnected with their protected characteristic(s).
The above is a summation from the Court of Appeal in an indirect discrimination case.
In relation to " jamitin" case the burden of disproof lies with the employer to show that the refusal of the application by the delivery manager because it was a requirement by all employees to hold a driving licence. If there are partners in a van sharing operation at his office who do not hold a driving license as they are not the designated driver then " Jamitin" has suffered a disadvantage. It would then have to be argued by RM that their criteria policy requires all staff in that function to hold a driving licence to reach a " LEGITIMATE AIM"
clashcityrocker
Posts: 16692
Joined: 22 Sep 2009, 13:50
Gender: Male
Location: strummerville

Ive been refused a 39 hour contract because...

Post by clashcityrocker »

Indirect discrimination is when you’re treated in the same way as other people at work, but it has a worse effect on you because of who you are - for example, because of your religion or because you’re a woman or another characteristic which is protected under the Equality Act 2010.
In some situations, an employer can justify indirectly discriminating against you. This will be allowed where the employer has a good enough business reason for applying the policy, rule or practice and that they have considered its impact on people who share your situation.

Indirect discrimination still refers to the protected characteristics as listed in the Equality Act.
Either you are clutching at straws or being deliberately obtuse.
I don't believe you are helping the OP in question and you certainly aren't impressing me with your ignorance.
So we will leave it there.
The societies of consumption and squandering of material resources are incompatible with the idea of economic growth and a clean planet.
rehabron
Posts: 1372
Joined: 01 Jul 2012, 18:43
Gender: Male

Ive been refused a 39 hour contract because...

Post by rehabron »

clashcityrocker wrote:Indirect discrimination is when you’re treated in the same way as other people at work, but it has a worse effect on you because of who you are - for example, because of your religion or because you’re a woman or another characteristic which is protected under the Equality Act 2010.
In some situations, an employer can justify indirectly discriminating against you. This will be allowed where the employer has a good enough business reason for applying the policy, rule or practice and that they have considered its impact on people who share your situation.

Indirect discrimination still refers to the protected characteristics as listed in the Equality Act.
Either you are clutching at straws or being deliberately obtuse.
I don't believe you are helping the OP in question and you certainly aren't impressing me with your ignorance.
So we will leave it there.
I wasn't out to impress anyone I gave what I believed was the best advice in the situation that was posted from " Jamitin" whether it is of assistance ( or not) is their prerogative of the poster to accept or refuse. I was under the impression that the point of this website was to offer assistance and advice to colleagues that have found that being in employment with RM brings up many anomalies on a day to day basis in the workplace that has an adverse effect on their wellbeing. If a poster finds disagreement in what another poster has submitted then that is their choice however giving different view on a situation can be debated without having a personal attack as you have done. So we will leave it there.
ernieshoe
Posts: 117
Joined: 07 Dec 2016, 15:40
Gender: Male

Ive been refused a 39 hour contract because...

Post by ernieshoe »

does it not make perfect sense to only upgrade part timers to full timers if they can drive ?
They are far more useful to the business.
How long they've been at the company shouldn't have any bearing whatsoever !
chrisj
Posts: 1883
Joined: 21 Dec 2010, 16:24
Gender: Male

Ive been refused a 39 hour contract because...

Post by chrisj »

The OP has now implicated himself by saying that he was a beneficiary of his inability to drive when they had a re-organisation. He got a walk whilst more senior drivers became reserves. So what is he complaining about?

All the DOM had to do was include the ability to drive as the post is a Reserve post - and that should do it!

So he gets a job as a reserve but cannot drive so what is the point to the office or manager. My manager has cancelled vacancies in the past when it suited her...
chrisj
Posts: 1883
Joined: 21 Dec 2010, 16:24
Gender: Male

Ive been refused a 39 hour contract because...

Post by chrisj »

ernieshoe wrote:does it not make perfect sense to only upgrade part timers to full timers if they can drive ?
They are far more useful to the business.
How long they've been at the company shouldn't have any bearing whatsoever !
Yes it does! Non-drivers have it easy! Drivers do a lot and now we are being asked to bear more responsibilities including tyre changes, proper checks and even tidying the van. And we have equal loops in my office.
viking1488
Posts: 446
Joined: 15 May 2009, 15:37
Gender: Male

Ive been refused a 39 hour contract because...

Post by viking1488 »

Lounge Lizard wrote:Maybe it's because Royal Mail will be phasing out the non-diving jobs and they know that fewer weekly hours will mean lower redundancy payments.
well i hope so i dont drive that would be like winning the lottery an exit from this s**t