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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50157
Experience:  Qualified Employment Solicitor
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I was turned down job. The interview was over 2 days

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I was turned down for a job. The interview was over 2 days and involved a series of panels . My performance in the interview process was considered to have set me apart from other candidates and i was assured that based on my interview performance, including numerical ranking and so on that I would have got the job. However certain member of the panel had been privy to what I would regard as malicious gossip and used that information - which was not probed at interview or had any formality to it, to decide that I was not appropriate for the job. Is this acceptable?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me have you any evedance that this was used not to give you this position please.
Customer: replied 2 years ago.

Yes. They specifically told me in the formal feedback that this was the reason I was not given the job.

Thank you for that information please leave this with me and I will get my advice ready for you on how to proceed with this. I will get back to you ASAP There is no need to wait on here I will email you when ready regards Ben.
Many thanks for your patience. 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. It could be down to malicious gossip, it could be due to completely untrue information, false rumours, etc.
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.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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