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Job Description precludes certain employees: any recourse?

  • 12-12-2012 10:18am
    #1
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭


    Hi all,

    Just wondering what would be the position if say a University advertised a position but specified that it was not open to current employees or employees who had previously worked there.

    Basically I suspect they might be ringfencing the job for external candidates so as to avoid giving a CID.

    I suppose it wouldn;t come under the 9 grounds for discrimination.

    So upshot, the best person for the job might actually be precluded from getting it. Could someone try and go for the role anyway and hope they get in. If they're in then, could the employer turn around and let them go?

    Here's the jist of the wording of the Job Description.. (I've changed the wording a little, if you'll forgive me, I don;t want to give too much info away)

    Please be advised that if you have current or previous employment experience in a non-permanent role with this organisation, you will not be eligable for interview.

    Seems unfair to me..(but illegal I don;t know!!)


Comments

  • #2
    schemingbohemia
    Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    Contact NERA www.employmentrights.ie though I suspect it's allowable, though they should really be forced to state why certain people are excluded.


  • #3
    Manach
    Moderators, Society & Culture Moderators Posts: 9,769 Mod ✭✭✭✭Manach


    At a very long stretch it could be argued that as Age is one of the nine grounds, and that by precluding people with prior employment this would by its (indirect) nature impact disproportionately older people.


  • #4
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    schemingbohemia wrote: »
    Contact NERA www.employmentrights.ie though I suspect it's allowable, though they should really be forced to state why certain people are excluded.

    Ok get this, was told by legal trainee friend that, as the person hoping to apply for this job is not currently employed by the company/organisation (i.e unemployed) then no rights have been violated.. I.e. Nera won't want to know you...kind of makes sense in a way.. he said the only option was to apply for the job anyway and go through the rejection process and then maybe there might be a slim chance of a case!


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Might it be an audit type job?

    Might there be a pension / tax / funding issue for them if they employ an existing / former employee?


  • #6
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    Victor wrote: »
    Might it be an audit type job?

    Might there be a pension / tax / funding issue for them if they employ an existing / former employee?

    Wellll.. It could be, but given employers track record in avoiding CID' s at all costs (to the detriment of the companies success) then this would seem to be the most likely reason...


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