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.
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
Guest Blog by Kaia Vincent, Director, Brevity Marketing At the beginning of the financial year, the Guardian reported that Jes Staley, Chief Executive at Barclays, forecast the UK economy would see the biggest boom since 1948. Growth undoubtedly means an increase in job opportunities as companies seek to expand to either meet demand and/or take[…..]
Careers! Everybody’s talking about them, especially to the younger generation. Combined with the tsunami of other messages teenagers are receiving every nanosecond (and that’s just on social media), you can’t blame them for feeling a little overwhelmed. “What do you want to be when you grow up?” can sometimes feel like the hardest question of[…..]
Lots of people have found themselves having to look for alternative temporary and permanent work unexpectedly, due to the economic impact of the pandemic. If this is you, you might feel like you simply don’t know where on earth to start… Perhaps it’s been a while since you’ve had to look for a job. Or[…..]
‘Self-care’ has become a term often spoken of and written about – but what does it really mean? Me-time and meditation? Bubble baths and beauty sleep? Yoga and yogurt? As lovely and relaxing as all that sounds, self-care can also be about ACTION. More to the point, self-care can be about self-investment. How you[…..]
Sexual Assault has been headlines in the news on too many occasions in the last few weeks. What worries me are the messages we are conveying to our loved ones and employees about consent? Are we communicating what sex is really about? It is about building a relationship with the person we love and then[…..]