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Are employers allowed to consider they length of time you have been unemployed as a reason for not employing you?? Isn't this classified as discrimination of some sort?
My first answer I nearly posted was a flat 'no'.
But on second thoughts, it would depend on the reason why you've been unemployed.
Do you, say, suffer from a disability? Or have you taken time from work to have children?
I wouldn't have thought that the length of unemployment had any bearing on it..... the most important thing is the ability to do the job.
An exception to that might be in a role that is subject to rapid change and development.
For instance, I spent most of my working life, as an advanced technician in TV, Video and Satellite, etc. After being made redundant twice due to structural changes within the two companies involved, I pursued a career in industrial electronics.
That puts me in a double fix. I can't get back into TV, etc., because the technology has moved on, considerably. The recession, with the associated closure of industrial companies, has put paid to jobs in the industrial electronics field.
Just over 12 months out of work and two years to go until retirement and I'm on the scrap-heap.
Is the job, that you're after, a rapidly changing job? Have they told you directly that they will not consider you because of your unemployment period?
We really need a bit more information.
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Basically I am asking on behalf of my partner. He was a bus driver for over 6 years but was dismissed due to false allegations which was disproved in court. Unfortunately his court case was long after his dismissal and information which would have supported his tribunal appeal could not be used. He has since being trying to obtain further employment with other bus companies but was told by one that they take into account his length of unemplyment which would have been about 18months at this time. As he is unable to find another driver position he feels that it is more due to the negative references he is receiving from his previous employers but he is unable to prove this.
Was there any aspect of unlawful discrimination in his dismissal from his former employer? That is on the grounds of race, gender, disability, age etc.
He could submit a 'Subject access request' to the prospective employer and see if they will provide him with a copy of the reference.
He has various run ins with with Manager who has shouted, swore and poked him in his chest while he was there. He knew that he did not like him because he was not a 'yes' man. He has requested all info held under the DPA but they want him to collect it and refuse to send it to him. He lives in Essex near Southend and they are in Merton, South West London. It would cost him too much to get there just to collect the file when they should send it on. He has reported this to the Information Commissioners Office.
As long as there is a rational explanation for the length of time spent as 'un-employed', this reason alone should not have any implications on the recruitment process.
Now, was that offer bound by conditional clauses?
Or as mentioned in previous posts... could your references be the reason for failing to obtain the position?
...and, when it comes to collecting personnel file from his employer's location, I think it is unreasonable to request him to do so as he paid the statutory fee, which should help towards the postal stamp...
---Aut viam inveniam aut faciam---
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In their initial response they stated that 'due to the amount of interest in these positions an initial selection is made on the basis of the information contained on the application form. After considering your application form I regret to infor you that you have not been successful in reaching the next stage of the recruitment process. Due to the number of application forms received it is not possible for us to discuss the result of the process on an individual basis'. This letter was dated October 2009. He had been unemployed for 18 months. He then wrote to them asking for a reason and they sent a letter in November 2009 stating 'Part of the recruitment process involves consideration of the application form itself. According to your application form you have been unemployed since April 2008 and for this reason we would not consider your application at the present time'.
This job was as a bus driver for which I have over 6 years experience and also qualifications which they requested that you sit in order to progress in your position.
I have checked this information on the IC website and they do not necessarily have to provide it, however I have asked for further information. In relation to the DPA I have requested all the information held on me from my previous employer but as I have stated they refuse to send it and said that I have to collect it as it is 'too big'. I have reported this to the IC. I want to know considering that the 40 days have long passed now and it is now nearly 60 days, if they send it by recorded delivery and I refuse to accept it...what will happen? I still want the file but feel that they should be penalised for not wanting to send it to me.
Therefore, they are obliged to send your requested documents (not necessarily by recorded delivery). I would accept the documents if received now, but would inform the ICO...
---Aut viam inveniam aut faciam---
***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***
- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -
Make a contribution to this site... Help the CAG keeping on helping you for FREE.
Refused employment!
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