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Recruitment – Your Rights

Submitted by Sarah King, from pjhlaw

Many of us have been through the minefield of looking for a new role. Some people seem better at it than others, with skills honed by sites like this one but others may well be used to rejection after rejection, especially in some fields where there are more applicants than jobs.

Others find themselves on the receiving end of the taboo subject of discrimination. Many employers are unaware that it is possible for potential candidates for a role to claim discrimination even though they are not employees. Indeed for the first time in almost six years one of our clients has received such a claim. Sometimes the actions or inactions of the potential employer are deliberate, other times it is ignorance, however, this is no defence.

The Discrimination legislation outlaws discrimination by employers and employment agencies at the recruitment stage. With limited exceptions your age, sex, race, sexual orientation or disability cannot be used as a reason not to employ you. There are also more technical rules on discriminatory job requirements.

Whilst the law exists to protect potential employees, it is seldom exercised. Discrimination is difficult to prove and unless your potential employer acts like Alan Sugar, on the Apprentice with his questioning and comments, such blatant forms of discrimination are rare.

If a candidate feels they have been discriminated against the law provides for the use of Questionnaires and the candidate must raise a grievance with the potential employer in the first instance before bringing a claim.

Whatever the reason for the rejections, applicants should not lose faith. I too went though a period where rejections were more common place than interviews. The number of training contract places for solicitors was far lower than the number of applicants. I did secure a training contract second time round (normally intake is every September). I qualified and my second career job search was far more successful and effortless. I secured my dream job first time round and have never looked back. Proof that things can get better!

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