hello, i have applied for the job, and i just received email that I was not been successful.Can i ask HR Manager(who is only person resposible for employment for the company) to give me explanation why my application has not been successful?I know there is only another candidate for the same position. I believe I matched all criteria for that position but have not been invited on interview. Has HR Manager rights to do this or it is wrong? and what can i do?
Province/Country relating to question: UK NorthEast
applied for the job and received reply
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if this was an internal or external application?
it was external application
Whilst you may request reasons for your rejection, there is no legal obligation on the employer to provide these. Feedback is left at the employer's discretion. The only time there may be an obligation on them to provide further details is if you claim that the reasons for not selecting you were discriminatory (e.g. based on race, gender, age, etc) and you then submit a formal discrimination questionnaire which is used as a preliminary step to issuing legal proceedings for a discrimination claim
there was not such things he has his protege or friend, and that job was made for her and make it easy just to through my application and get just one candidate for that position. it is wrong and i am asking you what can be done not use hes positon for his personal benefit
i bet he know the law
what they have done is unethical but it is not unlawful I am afraid. An employer has the right to choose who it employs and it can make such decisions based on a wide range of factors. There could be a number of reasons why one person is chosen in preference to others or why others are told that they will not get the job. It is generally lawful for the employer to use whatever considerations they feel are relevant and appropriate in the circumstances to come to that decision.
The only requirement in law is that the employer’s decision is not based on discriminatory grounds. That means that it should not base its decision on factors relating to gender, race, religion, age, disability, sexual orientation, etc. If its decision is based on any of these, there will be a potential case of discrimination and the affected person(s) can potentially take this further. However, in the absence of any discriminatory reasons, the employer will rarely be acting unlawfully and will have the general power to be selective over who they employ.
thank you, i see nothing can protect my rights, and such people with the power could do what they want, i would agree with his decision if it was an internal advert, also my application has not been acknoledged in the first place so i have to write and ask if it has been received. from the very begingin was clear that job was not for me. any futher advise?
can i complain to Chief Executive Officer?
Sadly your rights are very limited unless you can show discrimination. You can complain to anyone you want within the company but again they dpo not have a legal obligation to deal with your complaint
ok, thank you very much
Expert in UK Employment Law
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