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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can a company refuse you an offer of employment if you

Customer Question

Hi
can a company refuse you an offer of employment if you have an IVA, the company is the transport for London, so not a financail institution
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is that the sole reason for refusal?
Customer: replied 11 months ago.
the company have asked if we have an iva, and said that the job is subject to satisfactory medical , they have now asked if we have an iva, and from reading forums it would suggest that this could lead to a job refusal
Customer: replied 11 months ago.
are you able to assist me with my enquiry
Expert:  Ben Jones replied 11 months ago.
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. 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. So yes, they can use the existence of an IVAS to refuse to employ you, even if the job has nothing to do with the financial industry. 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
Customer: replied 11 months ago.
from your experience have you ever encountered this before
Expert:  Ben Jones replied 11 months ago.
Personally no, but anything is possible - there are countless reasons they could use to refuse employment and an IVA can be used just as any other reason
Expert:  Ben Jones replied 11 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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