Blog

You Are Here:

Rejected job applicant claims

Posted on | Posted in Recruitment

In Meister v Speech Design Carrier Systems GmbH, a case decided before the Court of Justice of the European Union (CJEU), the question of whether a worker who claimed that she met the requirements of a job advertisement but was unsuccessful can get disclosure of the successful candidate’s file was considered. Ms Meister, a Russian National, applied for the role of software developer but she was rejected without an interview, although it was accepted that her level of experience did meet the requirements of the post. She brought sex, age and race discrimination claims and argued that the production of the successful candidate’s file would demonstrate she was more qualified.

The CJEU decided that Article 8(1) of the EU Race Equality Directive should not to be interpreted to mean that a person in Ms Meister’s position was entitled to have access to the successful candidate’s file. It was, however, also important to ensure that a refusal to disclose by the employer did not undermine EU Directives. The refusal was likely to be a factor when seeking to establish facts from which the inference of direct or indirect discrimination may be drawn. That was a matter for the National Court.

 Trehtowans’ view:

This is a sensible decision. Claimants need only establish facts that point to discrimination, inferences can then be drawn by the Tribunal. We think this gives Claimants enough protection.

Kindly provided by Trethowans 

 

0

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest Posts
05 Apr 2019

Tips for recruiting under 25-year olds

There are countless reasons why recruiting a person under the age of 25 could be beneficial to the success and growth of your business. As a job agency in Basingstoke, we’ve recently been reminded of the benefits of this yet again. Spring is a time for new beginnings and you’ll not only be opening a[…..]

Latest Posts
21 Mar 2019

Learning on the job: the benefits of apprenticeships to employer and employee

As a recruitment agency that’s also heavily involved in the community, we can’t stop talking about the many benefits of apprenticeships. These positions give young people and career-changers the opportunity to study for a work-based qualification that is often the first stepping stone in a bright career. Our apprentice, Kyra Wallace, recently completed her time[…..]

Latest Posts
08 Feb 2019

Candidates keep falling through? Don’t make your plan B a second thought

  In recruitment, as in life, things rarely work out as expected. The news reminds us daily that it’s actually wise to expect the unexpected. For example, you’ve got to wonder if there’s a teeny weeny bit of Theresa May’s brain that wishes she had pre-prepared a plan B for how Brexit is unfolding… We[…..]

Latest Posts
03 Jan 2019

Honesty is the best policy

Recruitment has always been an exciting industry.  There’s nothing quite like the buzz of helping someone make their next career move.  Knowing that you have been a part of helping people achieve the challenge, the promotion, the pay increase, or the work/life balance they need, is immensely satisfying. The current climate is definitely in the[…..]

Latest Posts
19 Dec 2018

87% of employees worldwide are not engaged at work – are you one of them?

We were as shocked as you when we read this headline. But, yes, a recent Gallup survey highlighted a worrying statistic from the worldwide workplace; 87% of employees worldwide are not engaged at work. It would appear that from full-time workers in Frankfurt, to shift-workers in Shanghai, to those in part time work in Basingstoke,[…..]