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Social work: no subs allowed (Heresy Corner) (96)

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12 Sep 09, 12:42 AM
foibey
UK(M), 7 yrs
The point that people have made stands: If you refuse to answer these questions you lose your job. If you take them to court you'll never get a job in social work again. If you kick up a public fuss you will be excluded on grounds of "bringing the profession into disrepute".

There is no way to win this from the perspective of the recruitment process. This has to be taken by organised privacy and consenting adult rights groups campaigning because individuals facing the recruitment process will just be trodden over one way or another.

moo

Edited 12 Sep 09, 12:43 AM by foibey

12 Sep 09, 12:55 AM
Christina1394
UK(BS), 3 yrs
foibey wrote:
If you refuse to answer these questions you lose your job.

My point is, refusal to answer such blatantly illegal and discriminatory questions should not lead to anyone losing their job. It may not be the case until a couple of people refuse to answer and stand up for themselves, but it will happen.

12 Sep 09, 1:03 AM
MsNemi
UK, 4 yrs
Christina1394 wrote:
foibey wrote:
If you refuse to answer these questions you lose your job.

My point is, refusal to answer such blatantly illegal and discriminatory questions should not lead to anyone losing their job. It may not be the case until a couple of people refuse to answer and stand up for themselves, but it will happen.

It shouldn't happen but it does. And all that happens if you refuse to answer is that you get sacked anyway. The only way to deal with this is through the courts/tribunals with the backing of support organisations. And that's only an option if you want any kind of future career in another field, after all, nobody likes a trouble maker. It doesn't really matter that you believe it is wrong, this is what is happening, and not just in social work. Teaching is going exactly the same way, soon to be followed I suspect by other 'caring' professions like nursing and codes of conduct for NGO's, charities or voluntary organisations that work with children or the vulnerable.

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12 Sep 09, 1:09 AM
foibey
UK(M), 7 yrs
Christina1394 wrote:
My point is, refusal to answer such blatantly illegal and discriminatory questions should not lead to anyone losing their job. It may not be the case until a couple of people refuse to answer and stand up for themselves, but it will happen.

I agree that it shouldn't lead to anyone losing their job. Whether or not it's "blatantly illegal" though stands for the courts to decide, and there's every chance they'll decide that the government might be right to allow this discrimination to happen (and the government have a case of spurious studies to back it up should it come to court).

That's the problem I'm getting at. The law (as it stands) is against social workers until the courts revise it somehow. It's not right, but the law often *isn't* right. A couple of people standing up for themselves might bring a relevant case to court for the purposes of overturning it but the might equally become a very expensive precedent case for the court going the other way, and in any case, by bringing a case to court they will be automatically making it impossible for them to ever work in that field again because noone in social work will employ them.

moo

Edited 12 Sep 09, 1:11 AM by foibey

12 Sep 09, 1:28 AM
Christina1394
UK(BS), 3 yrs
Nemi75 wrote:
It shouldn't happen but it does. And all that happens if you refuse to answer is that you get sacked anyway. The only way to deal with this is through the courts/tribunals with the backing of support organisations. And that's only an option if you want any kind of future career in another field, after all, nobody likes a trouble maker.

Well, no. That's another tribunal waiting to happen, after all.

foibey wrote:
I agree that it shouldn't lead to anyone losing their job. Whether or not it's "blatantly illegal" though stands for the courts to decide...

Yes, but until someone actually stands up to such discrimination and challenges it in court, things will never improve. We can't all sit back and wait for someone else to make things better on our behalf. As a transvestite I'm well aware of the sort of discrimination that can and does happen, and I'm well aware that things will not improve until some of us stand up and allow ourselves to be counted.

12 Sep 09, 1:39 AM
totallycoverme
UK(M), 4 yrs
Good article and here's to wishing Serena all the best.

The authorities are so blind in the rules they currently adhere to...i mean, how the heck can anyone work with people without any life experience?! It's like they're saying that you're only employable in some areas if you've spent your life wrapped in cotton wool!

And clearly, anyone who has lived their life wrapped in cotton wool, well, what the blummin heck would they know about working with people who've probably seen a lot in their lives?!

Tis deffo a need for tolerance here. I really do hope that you still get to fulfill your dream Serena and I'm so sorry to hear about what you had to go through...keep your chin up, I'm sure you'd make a brilliant social worker :)

Isn't it funny that the day we realised we like you was the day you got a pool!

12 Sep 09, 1:47 AM
ladyjayne
8 yrs
Christina1394 wrote:
foibey wrote:
Christina1394 wrote:
Souci_X wrote:
You sign a contract when you sign up to the GSCC which basically outlines 'clean living' and morality issues, I think that is where the grey line is.

I believe Article 8 of the Human Rights Act 1998 covers that ("RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE").

Except in cases where the government deems it necessary and reasonable to place restrictions on that privacy. (and that loophole is in the HRA too).

Sure, but this has never been tested in court. The key phrase here is "the government deems it necessary and reasonable", and I do not believe one's sexuality is "necessary and reasonable" to such a restriction. No more than it was "necessary and reasonable" when the Government forced Alan Turing to undergo Hormone Therapy for being gay, fifty years go.

Erm, Sorry but yes, a case like this has been to court, and has as far as I am aware, so far been unsuccessful, and the European court of human rights has declared his appeal as inadmissible, (if I'm reading it right)

His job wasn't as a social worker, but working for the probation service dealing with sex offender,s but it's not a big leap from them using this case against someone else involved in a 'delicate' job and having some involvement with BDSM

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12 Sep 09, 3:08 AM
Fourfiveone
UK, 7 yrs
Christina1394 wrote:
Nemi75 wrote:
It shouldn't happen but it does. And all that happens if you refuse to answer is that you get sacked anyway. The only way to deal with this is through the courts/tribunals with the backing of support organisations. And that's only an option if you want any kind of future career in another field, after all, nobody likes a trouble maker.

Well, no. That's another tribunal waiting to happen, after all.

You're not really going to be able to go to tribunal about the fact that, at every job vacancy you apply for, you get told that you weren't the person chosen though. I'd very much doubt that a potential employer would admit they didn't decide to employee you because of past legal action.

However, I have heard of people who win tribunals for unfair dismissal being given references as though they chose to resign as part of a deal, so there's no reason that an employer in another field would necessarily know.

There is the issue of winning the tribunal or court case first though.

12 Sep 09, 10:50 AM
Miss_serena
4 yrs
Christina1394 wrote:
Souci_X wrote:
Christina1394 wrote:
I strongly believe the best thing to do, for anyone who finds themselves in a similar situation as Serena or Heresiarch, is simply to refuse to answer any questions at all. It's called a "Private life" for a reason...

Unfortunately, in that instance they can chuck you out on the speculation, you really aren't allowed to do anything...

If you're not doing anything illegal I fail to see how it's any business of theirs. I'd also like to see how an employer would defend themselves in the courts for unfair dismissal.

did you fead the article?, basically if a person ( me in this instance) is doing 'something' that would lead there profession in to disripute , you can no longer practice as a social worker, you have to be registered with the GSCC inorder to practice, they simply won't register you, end of private life!

owned , happy and contented.x

Edited 12 Sep 09, 11:01 AM by Miss_serena

12 Sep 09, 10:51 AM
Litany
UK(E), 11 yrs

This is going I hope not to upset people, but if the reason such cases are rejected are that the panels that adjudicate on such matters have a duty of care towards the people they are going to employ.

If a court case Serena became involved in down the line akin to the Baby P case, wouldn't an admission that in her past as a prosub predudice the case , it would tip people (who dont see from a lifestlye point) into feeling she was unfit as she had engaged in 'immoral' practices in the past, and be cruicified in the news of the world who would find out.

I know we should have a private life, and we should accept others, but this is society, we have to live in consideration of what 'the moral majority' beleive is acceptable.

from the point of view of Serena, I understand and applaud her stand and her ambition and truly wish she ha success , but from an employers stance, I can see how they have to protect the institution they are representing.

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