I've been in two minds when it comes to just how much of this story I want to share but to be honest at this point I feel somewhat lost and unsure what to do. I don't expect a response to this post, I just wanted to put it out there into the Universe, if not for any other reason than maintaining my own sanity.
Almost a year ago I applied for a job and heard no reply; that's pretty standard as many job-seekers will tell you, the courtesy of a reply even a rejection seems to be something of a bygone era at this point. I originally thought nothing of this, it was just another application in a long line of applications that had been ignored. Then 5 months went by and out of nowhere I got an invitation for an interview. Now I know some places have backlogs but 5 months seems like quite the delay between a closing date and an invitation for an interview.
I was [and still am] looking for employment as a steadier source of income so I decided to attend the interview. It went well, at least that's what I thought walking away from the interview I felt confident and felt like I had covered everything that needed to be covered. I was particularly confident applying for the post as the company in question uses a bespoke ERM system that is only used in that company and its sister organisations - a piece of software that I had not only used for a year, but I had also trained staff how to use, and trained heads of department and heads of service in one-to-one training session on how to use.
Now I know some people say they read a job description and feel like it was written for them, but that is literally what I felt when I first applied; I had every requirement they had asked for, I had experience using the systems they needed, and I had been trained in recruitment and selection within one of their sister organisations so I knew and understood their recruitment process, what was expected, and exactly what to say in an interview on account of literally being trained to train other staff in how to deliver recruitment and selection within their framework.
Despite all this, three days after the interview I got a rejection and I was disappointed. Again I didn't read too much into this at the time, it's not impossible that a candidate with more specific experience could have pipped me to the post, so I dismissed this as close but no cigar. Nevertheless I sent an email requesting feedback on my application and interview. This was initially ignored and again I didn't think much of this considering they took 5 months to send interview invitations, the expectation of feedback was fanciful to say the least.
A month went by with no reply when by chance I saw basically the same post re-advertised with a salary £3k per year less than the original posting. I'm not going to lie, this pissed me off. I can't explain why exactly, but this felt like something was wrong. I chased up my feedback request and was given a reply that amounted to "That job wasn't with this organisation" thankfully I had the paperwork to highlight that it was, I then received a reply saying my request has been forwarded to another department. Another month went by and I got a phone-call that basically said they would like to meet in person to discuss the matter. It was at this point my suspicion was compounded and I declined this offer stating that I wanted my feedback in writing, to which I was promptly told no, I could not have that.
The organisation in question is a public sector organisation and those organisations in the UK are bound by several laws which protect candidates when applying for posts. What then followed over the past 3 months has been a Data Protection Act Subject Access Request, several Freedom of Information Act requests, and a lot of wrangling to get a formal response.
I got it - redacted. My original request was fulfilled but key sections of what I requested were blacked out. Their dubious explanation for this was a Public Interest clause of the Freedom of Information Act - something which I am 100% certain cannot be applied to DPA Subject Access Requests. I have completed training within their sister organisation in Data Protection, and Freedom of Information, and I also have a degree in Computer Science which included an entire module dedicated to Law, specifically DPA, FOI, IPR, Employment Law, and Contract Law.
It's been 5 months now of back and forth communication with this organisation, several formal responses, complaints, appeals, and escalations. First to their directorate, then to their parent organisation, then to the Information Commissioner the independent body in the UK responsible for ensuring companies abide by these laws.
What this all boils down to in simple terms is the burden of proof. I am convinced I was discriminated against during recruitment, and I am fairly certain my sexuality was the reason I was discriminated against. I can't prove that, because the information I need to prove it is exactly what they blacked out when they responded to my DPA SAR.
I have sought legal advice on this matter and after speaking with a solicitor I have more or less been told without the information they are withholding, I can't prove my case. To add salt to the wound, I have now had several written responses that have said quote: "the Panel feel that there are indeed learning opportunities from your experience and they would like to convey their apologies to you" and "[We] have taken some time to review the paperwork and have identified some areas in which the customer service provided to you fell short of expectation of service that all candidates should be afforded" - both of these have really pissed me off beyond belief because it's the closest yet vaguest admission they've made so far that yes, they didn't follow their own procedures.
At this point I don't know what to do. Even if I could proceed with a legal case I don't know what it would achieve beyond a moral victory but without the information I have asked for, that route isn't open to me. The only other option is a regulatory body called the Equality Commission but if I choose that route, it would be very public, and if I choose that route then regardless of whether I win or not, my actual name and my personal private life will become a matter of public record. I don't have the energy to do that.
Like I said before, I don't expect a reply to this post, I am just putting it out there into the Universe. All names and organisations have been omitted because I am aware without proof this could even be turned against me and taken as libel, I feel backed into a corner, all out of options.
It is 2023, I am a gay man living in the UK, and I have been discriminated against. At the very least I can say it, even if no-one believes it and I can't prove it.
No comments:
Post a Comment
All comments are moderated before they are published. If you want your comment to remain private please state that clearly.