Dealing with unsuccessful job candidates

Hiring an employee: dealing with unsuccessful candidates

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.

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

For further information please contact our Employment Law Team.

Contact us

O'Neill Patient Solicitors LLP
Chester House, 2 Chester Road, Hazel Grove,  Stockport, Cheshire, SK7 5NT


0161 694 3000 / 0161 483 8555



0844 576 2140 (we do not accept service by fax or email)