Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.
Employers generally have the right to choose who they employ and can make such decisions based on a relatively wide range of factors. There could be a number of reasons why one candidate is chosen in preference to another, or why someone is not given a job, even if they are generally considered to be the best or most suitable candidate. In fact, it is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to arrive at that decision. It could even be down to trivial issues, such as a hunch, a personal dislike or even no particular reason at all.
The only requirement in law is that the employer’s decision is not based on discriminatory grounds. This means that they should not base their decision on what are known as ‘protected characteristics’. These are defined under the Equality Act 2010 and provide legal protection to anyone who shares these characteristics They include the following:
- sexual orientation
If the employer’s decision not to offer someone a job is because of any of these characteristics, there will be a potential case of discrimination and the affected person can potentially take this further, such as by making a discrimination claim in the Employment Tribunal. However, in the absence of any evidence to suggest 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.