Hey folks, just new to this site and lookin abit of info. I recently (yesterday) walked out of my job (off 2 years) due to what i beleive was ■■■■■■ discrimanation. Its a long story but basicaly my TM found out that i’m gay and things had started changing for the worst…small things like being took of my nomal (unchanged for the last year) trunk runs and being put on the worst multidrops, changing my rig to a dodgy banger along with the deadly silences in the office.
What i’m wanting to know is, even though i’ve quit, can i do anything about the way they treated me and who would i go to see? I’m not in a union and tried talking to the MD but things fell on deaf ears which is what i expected
Any sort of discrimination at work is unacceptable, no matter if it’s on the grounds or race, ■■■■■■■■■ or any other reason.
If the (homophobic?) TM made your job untenable causing you to leave without notice ,then it appears you have a case.
Contact a good solicitor, (ideally one specialising in employment law) then at least you will know how to proceed. I think the key word is ‘untenable’.
where to start
i am really worried now. my old truck is due to be replaced by a new merc but due to problems at the factory theres a slight delay in it coming. also because mine is now the oldest on the fleet i have,nt driven it for two months ( a bit of holidays, nights) and they prefer to give the old ones to agency drivers ( more discrimination) ive been driving different motors for a few weeks now and i even drove a rigid on monday and tues.
i hope my company dont think im batting for the other side
seriously though just becauase runs and trucks have changed would,nt make a case. it happens to alot of drivers.
if he has said anything to you about being gay and in a bad way and you have witness,es then you will have a case
did,nt he know you were gay when you started there
nowadays i think its best to be upfront about things like this ( thats if anyone asks,that is), some people are set in there ways ( which is no excuse ) each to their own and all that but some would find it easier if they know from the off rather than finding out a few years later when it would come as a bit of a surprise…
anyhow you will always meet plenty of people who are anti gay, your best off out of it if thats how hes going to be.
If you left your job because you were discriminated against on account of your ■■■■■■■■■, then this is “constructive dismissal” and you have a case aganst them, although it might be tricky to prove your case.
You were under no obligation to tell them you were homosexual and it would have been illegal for them to ask you at interview.
From what you say, you have been treated very wrongly. Colour, ■■■ and ■■■■■■■■■ have nothing to do with ability to drive a truck, and that’s the only yardstick you should be judged by.
Sorry to hear of your situation mate, must be very disappointing and uncomfortable for you,
I have a friend who has been in a similar situation. I don’t know the full details but I know he didn’t get any compensation as it was almost impossible to prove.
Like has been suggested, get yourself a good lawyer, there will probably be one specialising in dismissal in your area.
Cheers for the advice, i’m gonna head down to the CAB 2morro
dave:
seriously though just becauase runs and trucks have changed would,nt make a case. it happens to alot of drivers. .
Yeah but operationally they didn’t need to change me. Even the guy who got my runs was confused about it.
dave:
did,nt he know you were gay when you started there
No i’m not the sterotypical gay guy with the voice, walk, hair etc, just a nomal 26 year old lad who happens to be gay.
dave:
nowadays i think its best to be upfront about things like this ( thats if anyone asks,that is),
Unfortunatly there are still alot of small minded people in todays society, and its not that easy, but it shouldn’t effect my work. I work just as hard(if not harder) than the other lads.
I’m sorry to have to say this, but I suspect your location doesn’t help things. The Irish (although a lovely bunch of people) are not best known for their progressive attitude towards homosexuality, and given that attitudes in the transport industry tend to be somewhat conservative anyway you’ve not perhaps picked the best trade to be in.
You have my full sympathy though, and my respect for standing up for yourself in a difficult situation. Any decent employer (and I do hope you find one) would have the good sense and manners to ignore what you do in your private life and utilise your skills and energy as a valued employee.
did,nt he know you were gay when you started there
No i’m not the sterotypical gay guy with the voice, walk, hair etc, just a nomal 26 year old lad who happens to be gay.
dave wrote:
nowadays i think its best to be upfront about things like this ( thats if anyone asks,that is),
Unfortunatly there are still alot of small minded people in todays society, and its not that easy, but it shouldn’t effect my work. I work just as hard(if not harder) than the other lads.
I can see where Dave is coming from suggesting that it may be best to be up front before you take the job on but I can also see that it is not the easiest thing to mention during an interview. Also in my opinion why the hell should you divuldge anything about your private life when you go for a job interview? Providing that you dont hide anything that will effect your work then your private life is your own and discrimination in the workplace in totally unacceptable.
Get to a good lawyer and see what can be done to make this company drag itself into the 21st century.
gnasty gnome:
I’m sorry to have to say this, but I suspect your location doesn’t help things. The Irish (although a lovely bunch of people) are not best known for their progressive attitude towards homosexuality, and given that attitudes in the transport industry tend to be somewhat conservative anyway you’ve not perhaps picked the best trade to be in.
Sad but true. If they can’t get over what happened 300 years ago between enemies, then what chance have they got of getting over what happened last weekend between consenting adults?
gnasty gnome:
You have my full sympathy though, and my respect for standing up for yourself in a difficult situation. Any decent employer (and I do hope you find one) would have the good sense and manners to ignore what you do in your private life and utilise your skills and energy as a valued employee.
Good Luck
Agreed. There’s no excuse for the OP to have been treated in the way he has.
If you wish to start proceedings against your former employer, you have three months in which to do so. You should complete form ET1 which is available from jobcentres, online or from your local tribunal office.
I’m afraid the onus is on you to prove that you were discriminated against. If it is found that you were dicriminated against, to the point where you felt that resignation was your only option, then this could be seen as constructive dismissal.
If you go ahead with your claim a copy of your completed ET1 will be sent to your former employer who must respond by completing form ET3. These forms will then be sent to ACAS.
ACAS will try to resolve the case amicably, but if this is not possible then your case will go before an employment tribunal.
This is not an easy road to go down but if you feel strongly enough about it then good luck.
Mike-C:
Its a bummer when things like this happen to you but i’m sure something will come up for you !!
I can well understand your apathy Paul, sometimes being discriminated against because you are homosexual can just appear to be the norm, but you do not have to put up with or accept it. This is the 21st century and old attitudes are no longer acceptable. Don’t stand for it. You can roll your eyes or stick your head in the sand about it but i am glad there are people like the op who are not prepared to put up with it.
The problem with CAB is that they’re well meaning amateurs and upon hearing your story they will simply suggest you either apply for an employment tribunal or sek professional legal help.
If you apply for a tribunal you will need to seek advice to support your case. ETs don’t fight on the side of the wronged employee but they will bring the case to court (tribunal) for you. If you’re not fully prepared with evidence for the event you will most likely fail badly at the tribunal.
I assume you’re now unemployed? In that case you will be entitled to legal aid and as such that makes approaching an employment specialised solicitor an easier (cheaper) option. If the solicitor thinks you were the victim of constructive dismissal he will run with it for you and you will go to the tribunal fully armed with the evidence required to support your claim.
I would issue a word of caution though, Whilst discrimination tribunals are the hot subject of the moment you will need to be prepared for the fact that the details of the tribunal, including names and details of the matter will be reported in the local and possibly even national press.
As for disclosing your ■■■■■■■■■ at interview? What the hell has it to do with them anyway.
Went to the CAB office…they said what i was expecting…seek legal advice but based on experence said that although they are in support of me, it will be very hard to prove, which is a bit annoying, since they are more than likley to get away with it now.
On the up i got offered a new job better pay and conditions, plus brand new rig Pus the company is gay friendly. My mate has worked for them for the last 5 years and people know about him and he’s had no trouble what so ever.
Thanks for all your advice and support, its great to see so many people showing positive support about a somewhat awkward subject.
just a nomal 26 year old lad who happens to be gay.
better pay and conditions, plus brand new rig