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Taking a registerd Charity/Institution to Court regarding Discrimination ?? HELP


danoneill
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Hi there peeps,

 

Im wondering if I can get your help and advice on an issue Im having.

 

I'm a member of an Institution (also reg. Charity in Eng & Scot) and pay a membership fee.

 

However, i went for a role in the institution and was told I could join because I'm abroad.

 

However the institution changed the application page after the deadline saying all members could apply,

and therefore are clearly discriminating against international members.

 

I have already tried to resolve this issue with them but unfortunately to no avail.

 

Please can anyone help how i might escalate this to court proceedings?

 

Your help would be grealty appreciated.

 

Many Thanks!

 

 

Dan

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I think you need to read through what you have put

and use the edit post to correct the question?

 

dx

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and they

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Discrimination is only unlawful when it is discrimination due to a 'protected characteristic' under the Equality Act. Where you live is not a protected characteristic. Nationality is not a protected characteristic. I don't think you have a legal claim.

 

I guess the appropriate way to escalate this would be to complain to put your case to the management/trustees?

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If you lived within the European Union area, then you would have the legal right to apply for the role. Outside of the EU area, then you would have no legal right. I believe this is down to the EU rules relating to workers having legal right to work anywhere in the EU.

 

If you went to court, I would think that the charity would argue that the reasons for their original terms for the role application, was one of practicality. Perhaps they thought the role required someone to be able to attend meetings or perform work within the UK, sometimes at short notice, therefore the applicant should be resident in the UK. Then when someone raised concerns about the role advertisement, they changed the terms, because it was an obvious error. I suspect that they will look at your application for the role and consider whether you can peform the role, when you are not resident in the UK.

We could do with some help from you.

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  • 2 weeks later...

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

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