Unsuccessful Job Applicants & Access to Recruitment Information

The European Court of Justice has clarified that an unsuccessful job applicant is not entitled to all the details of the recruitment process, such as the information about the successful applicant.

This means that, even though an unsuccessful applicant is not entitled to see the file of a successful applicant, an employer who refuses to provide this information may be running risks as a tribunal could take the refusal into account in deciding whether there are facts that lead to a presumption of discrimination.

If such a presumption is made, it would shift the onus onto the employer to demonstrate that it had not discriminated. It is still recommended that employers retain hard evidence of a fair recruitment process in the event of a discrimination claim.