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Your email address will not be published.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
23 Jun 2020

In the pursuit of happiness: Supporting the M3 Job Club and other community groups

Part of our culture at Wote Street is about giving back.  Our core values are: we listen, we consult, we care and that fits perfectly with all of the charities and community groups we support locally. The Pink Place – supporting people affected by cancer Basingstoke Consortium & Skillstree – helping young people to gain[…..]

Latest Posts
25 May 2020

‘Why sending your CV is the hardest way of landing a job’

Don’t get us wrong, a CV is an important tool when applying for jobs – but it’s only one of the items in your job seekers toolkit. (If you need some help developing your CV we’ve written a blog to help or feel free to give us a ring and we’ll happily review.) Getting to[…..]

Latest Posts
19 May 2020

Mental Health Awareness Week

There couldn’t be a better time for Mental Health Awareness week.  Now that the government restrictions due to the corona virus are being lifted, more people are anxious about the repercussions. It’s still out there; bosses and employees alike are trying to make the journey to work and the work environment a relatively safe place[…..]

Latest Posts
18 May 2020

Small but mighty: 3 perks of working with an independent recruitment agency that boasts a nationwide network

We connect the best-matched candidates and businesses – the people brokers. Taking the time to find the right-fit for candidates and customers alike increases the probability of candidates being happy in not only your new role but blossoming in the right company culture. And companies achieving higher staff retention, effective teams and increased staff productivity. […..]

Latest Posts
07 May 2020

What shall we learn from our enforced time together?

Tomorrow we have a bank holiday on a Friday!  Special because this normally only happens for Good Friday at Easter.  Not so special because the majority are at home already and have been for at least 7 weeks.  The Covid-19 outbreak has turned normality on its head.  As indeed did World War II, the end[…..]