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Your email address will not be published.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
19 May 2022

How to support employees with the rising costs of living

The 2022 cost of living crisis in the UK has seen a record number of households face the biggest decline in income since the 1970s.  The rise in the cost of living is due to several factors including the Covid-19 pandemic, rises in national insurance (NI) contributions, war in Eastern Europe, and skyrocketing energy prices.[…..]

Latest Posts
12 May 2022

16 years of candidate support from Wote Street People

Marta, Centre Manager at Worting House, arrived in England 16 years ago seeking pastures new, and her long-standing relationship with Wote Street People is testament to its USP of being Basingstoke’s most approachable recruitment agency. A warm welcome Wote Street People was the first recruitment agency door Marta knocked on because the company was highly[…..]

Latest Posts
29 Apr 2022

How to register with Wote Street People (and get the job you want!)

The way you register with a recruitment agency may have changed since the pandemic. But one thing sure hasn’t – don’t send us your CV in the first instance. Just pick up the phone and call us! Registering with Wote Street People is easy. But before you do that… there is some prep you need[…..]

Latest Posts
28 Mar 2022

The benefits of Diversity and Inclusion at work

Diversity and Inclusion (D&I) at work is a hot topic these days with many companies having policies to guide the creation of an inclusive workplace. Some people may eyeroll at the mention of D&I and think it’s all about being ‘politically correct’ and ‘woke’, but that couldn’t be further from the truth: D&I isn’t just[…..]

Latest Posts
08 Mar 2022

Workplace relationships: heartache or happy-ever-after?

Snatched conversations at the coffee machine can make romantic relationships at work feel exciting, but what about when things go wrong? Will the fallout from any arguments affect team members and the business? Swiping right at work YouGov research shows that nearly a fifth (18%) of Brits met their current or most recent partner at[…..]