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Information to Unsuccessful Candidates

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

Businesses are likely to welcome an ECJ ruling  indicating that prospective employers are not obliged to provide information about their recruitment process to an unsuccessful candidate. The ECJ decided that EU discrimination law did not entitle an unsuccesful job applicant (who met the advertised criteria for a job) to have access to information about a company’s recruitment process.

However, an employer’s refusal to grant access to this  information may be a factor that the employment tribunal takes into account when deciding whether there are facts from which discrimination could be inferred and which therefore place the burden of proof onto the employer to disprove discrimination.

Our checklist highlights the key legal issues a business should consider when hiring an employee.

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