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
We’ve seen a gradual increased presence of robots on manufacturing factory floors, and industries that have embraced automation have seen an increase in efficiency and productivity. There is a key concern amongst employees that the rise of robots will ensure the human worker extinct. This concern is mostly unfounded and is a result of the[…..]
As someone who has employed and trained hundreds of apprentices and supported many more into apprenticeship roles I am totally biased and a complete believer in how powerful they can be for a business, to me it is a business no brainer! When deciding whether apprenticeships will work for your business it is critically important[…..]
With Valentine’s Day happening this month, who’s in the mood for romance…or a peachy new job at least? Maybe you’re hiring and getting tired of looking for candidates in all the wrong places? Some might say that working in a recruitment agency is akin to working in a dating agency, and we’d be inclined to[…..]
One of the best parts of working at a recruitment agency is the success stories we get to witness and be a part of. Even after decades finding jobs in Basingstoke and the surrounding areas, the joy we feel when watching our candidates flourish never fades. We could all do with a dose of positivity[…..]
We won’t forget 2020 in a hurry. A tragic pandemic. Lockdowns. Unprecedented economic catastrophe. Has there been anything positive? Well, actually, yes! Behind every cloud is a silver lining, as they say. Especially when you resolve to see the glass as half full, not as half empty – as I always try to do. What[…..]