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Your email address will not be published.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
08 Feb 2019

Candidates keep falling through? Don’t make your plan B a second thought

  In recruitment, as in life, things rarely work out as expected. The news reminds us daily that it’s actually wise to expect the unexpected. For example, you’ve got to wonder if there’s a teeny weeny bit of Theresa May’s brain that wishes she had pre-prepared a plan B for how Brexit is unfolding… We[…..]

Latest Posts
03 Jan 2019

Honesty is the best policy

Recruitment has always been an exciting industry.  There’s nothing quite like the buzz of helping someone make their next career move.  Knowing that you have been a part of helping people achieve the challenge, the promotion, the pay increase, or the work/life balance they need, is immensely satisfying. The current climate is definitely in the[…..]

Latest Posts
19 Dec 2018

87% of employees worldwide are not engaged at work – are you one of them?

We were as shocked as you when we read this headline. But, yes, a recent Gallup survey highlighted a worrying statistic from the worldwide workplace; 87% of employees worldwide are not engaged at work. It would appear that from full-time workers in Frankfurt, to shift-workers in Shanghai, to those in part time work in Basingstoke,[…..]

Latest Posts
07 Dec 2018

Simply having a wonderful Christmas time? Festivities at work, unwrapped

As a recruitment agency in Basingstoke, we love to meet up with other local businesses to build relationships and discuss current topics that affect us all. During our latest peer group discussion, the conversation soon turned towards the issues that can arise at Christmas… Professional party-goers Work Christmas parties are the ideal opportunity to celebrate[…..]

Latest Posts
30 Nov 2018

Keeping up with Google

Who can remember life before Google?! Once upon a time, if you were looking for a job in Basingstoke you’d go to the yell.com website to search for a phone number…or maybe even scour the Basingstoke Gazette, community noticeboard, Thomson directory or Yellow Pages. These days, Google is so ubiquitous it’s basically become a verb.[…..]