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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44953
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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This is related to employment law.I want to apply

Customer Question

This is related to employment law.I want to apply for two jobs, both of which I meet the occupational standards for and have lots of experience in the field.The two employers, one the MOD and the other, a professional football club require a specific degree and current membership of a specific professional association. I have neither of these, though I have lots of other qualifications and experience in the field, which is health/fitness, but non medical. The associations they require current membership of are both non statutory private companies.My question is twofold:1) can an employer request a specific degree and bar those who have alternative qualifications and experience?2) can an en employer specify that to apply for a vacancy the candidate should belong to a specific non statutory private company, when one already belongs to an equivalent organisation?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Remus2004 replied 9 months ago.
Is there any reason you think they may not be able to?
Customer: replied 9 months ago.
I made enquiries as to my suitability and was told on both occasions that without the specified degree and professional membership, I am unable to apply.I have over 20 years experience and all the training that I have completed over the years covers everything and more, that is covered in the degree, but I not in a position to now attend university for 3 years to gain the degree.It is very unfair, however I would like to know if it may be discriminatory or can employers set their own criteria for qualification and professional membership?
Customer: replied 9 months ago.
just to add, I hold membership with an equivalent, if not more prominent organisation, who's standards are exactly the same.
Expert:  Ben Jones replied 9 months ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Employers have the right to choose who they employ and can make such decisions based on a wide range of factors. There could be a number of reasons why one candidate is chosen in preference to others or why someone is not given a job, even if they are generally considered to be the best candidate. Similarly, they can choose what requirements a candidate must hold to be eligible for the job. It is generally lawful for the employer to use whatever factors 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 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 whom it employs, even if it this generally appears to be unfair. This includes deciding on what qualities, abilities, memberships, qualification, etc the person they wish to employ holds. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 9 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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