The Court of Justice of the European Union in the case of Meister v Speech Design Carrier Systems GmbH has held that an unsuccessful job applicant is not entitled to see details of a successful applicant.
What does this mean?
Whilst an unsuccessful job applicant is not entitled to see the file of a successful applicant, an employer who refuses to make disclosure may be running risks. A tribunal could take the refusal into account in deciding if there are facts leading to a presumption of discrimination. Such a presumption would shift the onus onto the employer to show it has not discriminated.
What should employers do?
Employers should avoid discriminating against job applicants and should be prepared to justify their decisions. If disclosure of information or documentation is requested by an unsuccessful job applicant, specific legal advice should be obtained to assess and contain the risks involved.