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
Flexible working brings a more diverse pool of candidates – and could they be so wrong they’re right, like chocolate covered pork scratchings? Honestly, it’s a thing! Belgian chocolate pork scratchings – it works because it is like “salted caramel on steroids”. It’s that whole salt/sweet combo but taken to another level, you first get[…..]
Summer came in like a lion and fizzled out like a camp fire made out of damp wood. It appears that Autumn is upon us already. It definitely has its advantages other than the chance to kick our way through oceans of leaves & smell the woodsmoke of bonfires; it’s often the time to think[…..]
”A large income is the best recipe for happiness I ever heard of”’ – Jane Austen The 7th of July was the 200th anniversary of the death of Hampshire’s greatest author – Jane Austen. Here was truly a woman ahead of her time. In an era where very few women had the opportunity to vote,[…..]
It all started 2 years ago, when Madelaine took part in the Brutal 10k as part of our 25th Anniversary celebrations (celebrations?? Well, we decided to raise money for Basingstoke Consortium as a way of celebrating). The rest of the team went along on a cold Saturday November morning to watch Mad go through hell.[…..]
There’s nothing more annoying than registering for job vacancies in Basingstoke with a recruitment agency and then not hearing anything. Why does this happen? Distractions. Anything from temporary requirements to vacancies that don’t match your particular skills. Before we go any further, this isn’t a list of excuses. As an industry, we should respect our[…..]