Job refusal

Danica

I recently applied for a driving job. One of the things requested in the ESSIENTIAL criteria was minimum of 2 years driving experience. When I chased the job up after a couple of weeks I was told by their HR manager that I was not shortlisted for an interview as I had not had 2 years driving experience. Now I was always under the impression that companies were no longer allowed to use minimum experience under the ESSENTIAL criteria tag and certainly not allowed to refuse progress in a job application on these grounds under the equality discrimination act 2010. Am I correct and is it worth pursuing with a solicitor?
Remember this was in the essential criteria and not desirable criteria.

ILW

Probably insurance policy issue.
Which part of the "equality act" do you think would apply?

Wyndham

Of course they can do this. If they didn't want to interview you because you were black or a woman, that would be discrimination, but any job has some sort of minimum standard and it's not discrimination to ask for it.

If it were desirable and they refused you, then they could make the argument that all the people they interviewed did have it and you didn't, or they may decide to interview you without it. But for an essential, yes, they are within their rights.

You couldn't be a brain surgeon without experience (thankfully!) this is just the same idea.

WestonDave

If you are 17 or 18 you might have a weak case for age discrimination by virtue of the experience requirement (because at 18 you can't have 2 years driving experience given you can only drive from age 17). If you are older than that, then the experience requirement is not preventing you from being considered on a protected ground (age, sex, race etc) so you don't have a case.

Practical reality is that if they have enough people to interview that meet that experience requirement, you won't get the job if you have significantly less - causing trouble over it will simply backfire as word will get around the industry locally that you are a trouble maker.

Danica

I was lead to believe by my former senior shop steward that by requesting minimum experience under essential criteria and refusing someone a job on that basis could be classed as age discrimination as an older person would more likly have more experience than a younger person putter the younger person at a disadvantage.

harrys_dad

As someone earlier said you might have a very weak case for age discrimination, but I very much doubt it. Some guidance here

http://www.acas.org.uk/index.aspx?articleid=1841

But this case may be covered by the category "unless it can be objectively justified", such as where two years driving experience is necessary for the carrying out of the job, such as to get insurance.

You say yourself that it was a driving job, so a two year requirement sounds eminently reasonable to me.

Takeaway_Addict

Battles-Fight-Pick

AP007

2 years experience is not like they are asking for 20 years is it so a bit hard to prove ageism

ILW

Danica wrote: »

I was lead to believe by my former senior shop steward that by requesting minimum experience under essential criteria and refusing someone a job on that basis could be classed as age discrimination as an older person would more likly have more experience than a younger person putter the younger person at a disadvantage.

That's what comes of listening to shop stewards.

ILW

So, would this idiot shop steward think a just passed exams doctor should be made up to consultant as experience cannot be a criteria?

Savvy_Sue

We advertised a job which required driving a van. Our insurers insist that all drivers MUST be over 25, and MUST have had a full driving licence for at least 2 years.

I had to discuss this with the Job Centre because we wanted to advertise there, but when I explained that we didn't care about age, we just cared about the insurance, we were allowed to put both the minimum age and experience into the job spec.

So, was it driving a company vehicle? Likely to be the insurance.