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AIBU?

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Original poster

to make a subject access request after unsuccessful job application

36 replies

justmyview · 21/02/2020 15:11

I applied for a role recently. As part of the application process, there was an information evening, at which they openly stated that they were primarily seeking to recruit people who were male and / or under 30. I was surprised they were so open about this, as it seemed discriminatory

Anyway, I didn't get it, and I think the most likely reason is that I am female and over 30. I know that my skills are a very good fit for this role.

I requested feedback, but didn't get any. I'm thinking of making a subject access request under data protection law, to try to find out why my application was unsuccessful. Any thoughts?

OP posts:
Chihaha · 21/02/2020 15:13

Nothing to lose, but what will you do if you're right?

ScottishStottie · 21/02/2020 15:13

Surely that only applies if they have a record or file on why they didnt employ you...? I doubt they have a folder that details why they decided not to hire you.

Just move on

Itsonlywords · 21/02/2020 15:14

Yes, go for it. I am not sure on the law or anything as to whether they have to disclose it (hopefully someone else will know), but definitely worth a go.

HappyHammy · 21/02/2020 15:16

did they say why they were looking for younger males in particular?

RandomLondoner · 21/02/2020 15:16

Why would anyone bother to write down why they didn't choose someone? (Not been in that position myself so perhaps I'm missing something.)

Theromanempire · 21/02/2020 15:19

A Subject Access Request would only provide information about your application and is unlikely to give an indication as to why you were unsuccessful.

You need to submit a Freedom of Information request asking how many people applied, the breakdown of the applicants in terms of sex and age, how many were shortlisted (and again breakdown of age and sex) and what the age and sex of the successful candidate was.

That information should demonstrate if they were discriminatory or not.

HappyHammy · 21/02/2020 15:21

Maybe they just took on the right candidate, even if you get the info you are seeking do you want to work for someone who you think is discriminatory. I doubt they will say anymore than they took on the person they felt would be best for the job whatever sex or age they are.

Fr0g · 21/02/2020 15:26

a freedom of access request is only relevant if the employer is a public body - you can make a data access request, but what would you gain from it - a copy of your application?

Gov Website FOI

FluffyLamkins · 21/02/2020 15:29

Don’t bother wasting your time. There will be nothing on your notes that say why you weren’t chosen. You can’t prove anything really so it’s just wasting your time I’d say. Even if you did find out that a 29 year old man got the job it’s not going to help you or stand you in good stead of getting the job instead. Move on and find another role where they do want you.

DGRossetti · 21/02/2020 15:30

Did they make any notes during the interview ? You should have sight of those.

When I interviewed people (and this was 10 years ago) HR kept all the notes we'd made during each interview.

ButtWormHole · 21/02/2020 15:30

You’re being ridiculous

Theromanempire · 21/02/2020 15:31

fr0g apologies, you are correct and I would assume no public body would openly state they wanted a Male over 30!

ChicCroissant · 21/02/2020 15:37

I don't think doing that would help you in the long run, OP. I don't think it will give you any information, it won't change the outcome of the process either.

Did they say why they were looking to recruit that category of staff, are males under 30 under-represented in their workforce?

An information evening seems quite an undertaking for a recruitment campaign, so either they needed a lot of staff or specific staff (eg for caring duties) that they were trying to recruit.

Some jobs - not many, admittedly - do have a genuine occupational requirement.

Nightsofthunder · 21/02/2020 15:38

It's not discriminatory to ask for specific age range and gender of applicants, only if it is crucial to the job role and requirements. It's known as an occupational requirement. Many male prisons/male only mental health units/women's refuges/ religious organisations do this.

What was the job? Maybe there was someone better suited to the role. You don't seem like you want constructive criticism from them, more that you think they have discriminated against you.

BabyWenger · 21/02/2020 15:39

We don't write notes at all, we just give points per question response for each candidate.

Then we look at which candidates had the highest points.

So even if you find out what points you got for your responses you won't know the other candidates point totals to compare them to.

IHadADreamWhichWasNotAllADream · 21/02/2020 15:44

I suspect that if they were prepared to be so public about their preferred candidates in a way which would normally be discriminatory they probably think they’re on safe legal ground, so I’d approach them directly and ask why they believed this discrimination to be justified in law. They might be right or they might not. If they just say “errrmmm because we need some extra blokes for the company rugby team and we were just being honest....???” then you might well have a case.

BingPot99 · 21/02/2020 15:46

Where I work, if a manager felt you weren't a good fit but for a reason they might not made public., they would tick some other reason why not to hire you Eg "insufficient evidence of management skills" etc

A SAR gives you access to documents with your name on /specifically about you. It is extremely unlikely anyone would explicitly put a discriminatory reason on the same document as your name

DogInATent · 21/02/2020 15:47

Have you tried asking for feedback on your application?

Going straight to the SAR route seems overkill for a first step, and is very unlikely to give you any useful information. If you're correct about the selection bias then this won't be noted against your application.

Gasp0deTheW0nderD0g · 21/02/2020 15:52

If the job could only be done by a male under 30, that should have been stated in the advert and job description/person specification along with the section of the Equality Act or whatever other legislation they were relying on to be able to specify that. Otherwise, surely what they did was illegal? It's not ridiculous to want to know why they have brazenly flouted the law, if there was no good reason for what they said.

BabyWenger · 21/02/2020 15:53

It could also be because they felt you wouldn't fit into the team dynamic whereas another candidate would.

Aneley · 21/02/2020 15:54

If it is a private company - they are not obliged to provide you with that information. Also, most companies won't hold such data unless you made it to the final, interview round (which is usually only 2-3 candidates).

Disfordarkchocolate · 21/02/2020 15:56

Having interviewed for the NHS we had to justify why each person was and wasn't chosen. We didn't keep the information for long though, a few weeks (?). Each applicant was scored against each criterion. Ask away but you'll unlikely get a clear reason or agree with what they say.

mumwon · 21/02/2020 15:57

try getting feedback if you think its discriminatory about disability (or racist etc etc) from family members experience - even with organisations that have 3 ticks - they will find another way to get away with it (so much for an equal society - cynical

MintyMabel · 21/02/2020 15:58

What was the role?

enjoyingscience · 21/02/2020 15:59

What outcome are you looking for?

If you want to know why they asked for a Male under 30, that’s fair to ask. Interview feedback is reasonable to ask for.

Subject access/FOI sounds like sour grapes and compo hunting.