Location discrimination?
Author
Discussion

InnocentShadows

Original Poster:

482 posts

171 months

Tuesday 4th April 2017
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Just a quick one,

I just received a rejection from HR stating that my application would not be progressed due to my geographic location.

Are they allowed to do this?

To give some context, it would mean commuting from Bedford to Cambridge each day. This is for an internal post.

Thanks.

mondeoman

11,430 posts

295 months

Tuesday 4th April 2017
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Perfectly reasonable: that's a bit of a trot so you can't guarantee being in on time every day.

AyBee

11,309 posts

231 months

Wednesday 5th April 2017
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mondeoman said:
Perfectly reasonable: that's a bit of a trot so you can't guarantee being in on time every day.
Really? That's not for them to say, the OP might be considering moving for all they know...

Rick101

7,186 posts

179 months

Wednesday 5th April 2017
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I think it's 60 min in our company, 90 when you get above a certain grade.

hornetrider

63,161 posts

234 months

Wednesday 5th April 2017
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mondeoman said:
Perfectly reasonable: that's a bit of a trot so you can't guarantee being in on time every day.
It's 32 miles and less than an hour.

Sheepshanks

40,899 posts

148 months

Wednesday 5th April 2017
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AyBee said:
Really? That's not for them to say, the OP might be considering moving for all they know...
Maybe they've had bad experience with people from Bedford.

InnocentShadows

Original Poster:

482 posts

171 months

Wednesday 5th April 2017
quotequote all
Sheepshanks said:
AyBee said:
Really? That's not for them to say, the OP might be considering moving for all they know...
Maybe they've had bad experience with people from Bedford.
ha, I don't think that's the problem as its a national firm. I have been searching everywhere for a proven legal answer, but alas from what I have found so far all points to no case to answer.

Its a real bug, as it made no mention of it in the advert.


parabolica

7,008 posts

213 months

Wednesday 5th April 2017
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Does the job have any geo-specific conditions? I.e. must live within x-miles of the Cambridge office for on-call duties or something like that?

Sheepshanks

40,899 posts

148 months

Wednesday 5th April 2017
quotequote all
InnocentShadows said:
... its a national firm.
It might be a green thing - they want to minimise their carbon footprint type of stuff.

InnocentShadows said:
I have been searching everywhere for a proven legal answer,
I wouldn't bother - it's not one of the discrimination classifications.

The choice of words is a bit odd - saying "geographic location" rather than just "distance". It implies they wanted applicants from the local (to the office) area.

anonymous-user

83 months

Thursday 6th April 2017
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Contrary to pub myth, there is no general prohibition on discrimination. Employers lawfully discriminate all the time. They decide, for example, to employ X and not Y, because X is better than Y. Thus the employer discriminates against people who are less good than X. This is fine.

Discrimination may be unlawful if it relates to one or more of a list of characteristics. These are know as protected characteristics. Living a bit far away from the job location is not a protected characteristic.

If an employer decides that it will not employ A because A comes from a town where most people are, let us say, Welsh, then there might be a problem, but that is not this case.

In this case, the applicant for a job can say "Don't worry, I will get up early and make the commute", but the employer is entitled to say "I can't rely on that - what if the train is late, or the road is blocked, or whatevs?" The employer may or may not be making an unreasonable decision, but in most contexts employers are free to make unreasonable decisions if they want to.

InnocentShadows

Original Poster:

482 posts

171 months

Thursday 6th April 2017
quotequote all
Breadvan72 said:
Contrary to pub myth, there is no general prohibition on discrimination. Employers lawfully discriminate all the time. They decide, for example, to employ X and not Y, because X is better than Y. Thus the employer discriminates against people who are less good than X. This is fine.

Discrimination may be unlawful if it relates to one or more of a list of characteristics. These are know as protected characteristics. Living a bit far away from the job location is not a protected characteristic.

If an employer decides that it will not employ A because A comes from a town where most people are, let us say, Welsh, then there might be a problem, but that is not this case.

In this case, the applicant for a job can say "Don't worry, I will get up early and make the commute", but the employer is entitled to say "I can't rely on that - what if the train is late, or the road is blocked, or whatevs?" The employer may or may not be making an unreasonable decision, but in most contexts employers are free to make unreasonable decisions if they want to.
that's the answer i have been looking for!

Thanks.