Recruiters need to be wary of prying too deep into a candidate’s private life after one jobseeker, who had past convictions revealed, won a case after claiming his Human Rights were breached.
The jobseeker in question, who was applying for work in a care home, was denied employment after a disclosure highlighted criminal offences committed when he was 14-years-old.
These offences were described as “lewd and libidinous”.
Whilst criminal disclosures, such as DBS checks, might seem mandatory for jobseekers, especially those working with vulnerable people, a ruling judge deemed that, in this case, it was “unlawful” – Scottish Legal reports.
Lord Pentland, the deliberating judge on this matter, cited Article 8 of the European Convention of Human Rights, which sets out that “everyone has the right to respect for his [or her] private and family life, home and correspondence”, in his ruling.
He believed the disclosure to be an “interference” with the applicant’s rights under this Article.
Concluding, Pentland said: “In summary, there was no consideration given to whether the deemed conviction had any rational connection to the aim of protecting vulnerable adults in a care home environment.”
Revelations of past convictions and overly-nosy recruiters are not the only reasons stopping applicants from obtaining their desired employment.
Qualified Deck Officer Sophia Walker was once told by an interviewer she’d be “better off working on a cruise” ship when applying for a job as a deck hand, Walker believes sexism was the reason she failed to get the job, whilst Paul Fennel, who was once a £35,000-a-year telecoms managers, believes that his current inability to find work is down to ageist employers.
Image courtesy of Wikipedia user Kim Traynor.