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Can a company refuse to hire you due to ongoing disciplinary action?

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Hey all, my Brother-in-Law went to an interview today with Company A. He is currently suspended pending a Disciplinary at Company B (over an accident in the workplace that severely injured my Father-in-Law). At the interview the manager conducting it said they would not be able to offer him the job because they know that he's under investigation at Company B, and went on to say he knew of it because he knows someone that works at Company B. Is he allowed to do this??

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My thoughts are yes they can do that.

 

However, there may be a breach of confidentiality in company B that could be addressed


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Agree with the above. If Employer A knows of a potential reason for not considering a candidate then they are entitled to reject. It does not matter how they came by the information, and that complaint belongs with Employer B for allowing the investigation to become common knowledge outside the organisation.


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Even if the reason behind the disciplinary would not be a factor in the new job? Such as going from a Driving job to a desk job, so the new job would not involve anything similar to the situation going on at Company B? I can't actually say what he's being taken to disciplinary for specifically because they've not told him (except in vaguest terms) but they have cancelled the hearing twice now with rather short notice.

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My question would be how they know. If he has, for example, given a contact at company A as a reference - then it's legit.

 

They may decide there are many people who never get a disciplinary in their entire career they could hire, so why start now?


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He didnt get the job and he knows why he didnt get it. Most people never hear back from a potential employer as to why they werent selected. It might not be a nice reason but at least you all know why. Forget it, they arent going to change their minds.

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