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
Many businesses had to quickly put measures in place to enable staff to work at home during the COVID-19 lockdown and for the majority, remote working is set to become the new normal for the foreseeable future. As such, the lines between work and home life have become increasingly blurred, more fluid, some may say,[…..]
“I am grateful to be a woman. I must have done something great in another life”. Maya Angelou. Why do people shy away from the topic of menopause with their loved ones? Are you between the age of 45 and 55? Do you realise this is when menopause occurs for the majority of women, one in[…..]
When sifting through CVs to recruit for jobs in Basingstoke, a significant gap in a candidate’s employment history might glare at you like a red light. Did they leave a job abruptly with no new role to go to? Why? Are they fickle? Lazy? Hard to get along with? Maybe they were sacked? These are[…..]
Yesterday’s announcement from the Prime Minister saw a U-turn away from the government’s previous message of ‘getting office workers back into the workplace’ by announcing that those who can work from home, should return to doing so. For some workplaces, the decision had already been made that employees would continue to work remotely with no[…..]
What do you think Mental Health first Aid is? When I tell people I am a Mental Health first Aid instructor, I often get asked, “Are you a counsellor” or “Are you a psychologist?” Mental Health First Aid (MHFA) is not about fixing people. It is not about being a therapist. Regular (physical) First Aid[…..]