It is perfectly possible for there to be very little direct evidence of discrimination in a recruitment process, but for an employee to win a tribunal claim because the employer's failure to keep a clear record leads to inconsistencies in its defence, as this disability discrimination case shows.
Employers that operate a transparent and carefully recorded recruitment process have little to fear if they find themselves in an employment tribunal, as this race discrimination case shows.
David Malamatenios is a partner and Colin Makin, Sandra Martins, Melissa Powys- Rodrigues and Linda Quinn are associates at Colman Coyle Solicitors. They round up the latest rulings.
In this unusual case, a job applicant who passed three interview stages, but had her conditional offer of employment withdrawn over poor psychometric testing results, unsuccessfully claimed age discrimination.
This week's case of the week, provided by DLA Piper, covers whether or not oral assurances given during negotiations that took place before a contract was signed trumped the written contractual terms.
Georgina Kyriacou and David Malamentenios are partners and Melissa Powys-Rogrigues, Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The European Court of Justice has held that an employer is not obliged to provide an unsuccessful job applicant with information on the successful candidate, although a failure to do so could lead to an inference of discrimination in a subsequent tribunal claim.
This Northern Ireland industrial tribunal decision is a good example of how an employer can indirectly discriminate against a female job applicant by making it a requirement to have a number of years' relevant experience within a narrow time frame, something that is more difficult for women who have been raising a family to achieve.