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Rejected job applications

1 . Being rejected or told not to apply

You might have:

  • applied for a job and not got it
  • been told you cannot apply for a job

Asking for feedback

You can ask the employer to:

  • explain their decision
  • share any rules they might have – for example, a recruitment policy
  • give you any other feedback – for example, tell you how you could have done better in the job interview

They do not have to give you this information.

Why employers should give feedback

Employers do not have to explain their reasons for rejecting job applications. But it can help:

  • show they're open in how they make decisions
  • keep a good relationship with employees – if the applicant already works for them
  • tell applicants what to do differently with future job applications

Asking them to reconsider

You can ask the employer to reconsider their decision if you think they:

  • discriminated against you – for example, if you did not get the job because of your sex or race
  • did not apply their rules consistently – for example, if they have a policy on how to do job interviews but did yours differently

If you already work for them

If your employer rejected your application, you can raise this with them. It's usually best to raise the problem informally first. You can do this by talking to your employer.

If you've tried all options without success, you might be able to make a claim to an employment tribunal.

In rare circumstances, you might be able to claim constructive dismissal. This can be a difficult claim to win.

If you do not work for them

Job applicants are protected by discrimination law (Equality Act 2010). If you have been discriminated against, you might be able to make a claim to an employment tribunal.

Find out more about discrimination and the Equality Act 2010

Contact the Acas helpline

If you want to discuss your options, you can contact the Acas helpline.

2. If you're discriminated against

Employers must follow the law on discrimination when advertising, interviewing and deciding on new staff.

This means they must not disadvantage you because of any of the following 'protected characteristics':

  • age
  • disability
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation

Find out more about discrimination and protected characteristics

Direct and indirect discrimination

Direct discrimination is when someone is put at a disadvantage or treated less favourably because of a protected characteristic. For example, if an employer chooses not to hire someone because of their race.

Find out more about direct discrimination

Indirect discrimination is when a working practice, policy or rule is the same for everyone but has a worse effect on someone because of a protected characteristic.

For example, an organisation is recruiting for a head of sales. They only advertise the role internally. The potential applicants in the organisation are all men. This might be indirect discrimination against women.

Find out more about indirect discrimination

Victimisation

Victimisation is when someone is treated less favourably as a result of being involved with a discrimination or harassment complaint.

Find out more about victimisation

When employers can ask about protected characteristics

In certain circumstances an employer can ask questions about a protected characteristic.

For example, they might:

  • ask if you need reasonable adjustments because of any disability you have
  • ask you to complete a form to help check that they are following the law – often called an equality monitoring form

You do not have to complete an equality monitoring form. And anyone who's interviewing or making a decision to hire you must not have access to that information.

Other questions about a protected characteristic might be against the law.

Find out what to do if you believe you've been discriminated against

If an employer has viewed your social media profile

If an employer has viewed your social media profile before they made a decision related to hiring you (such as choosing whether or not to interview you), they might have discriminated against you.

This is because they might have formed an opinion that:

  • relates to a protected characteristic
  • is unrelated to your ability to do the job
For example, Yaz applies for a job. The employer views a photo on Yaz's Facebook profile that confirms their race. This might influence them before interviewing Yaz for the job.

The employer can make a decision based on your social media profile if they can prove it's crucial to the job requirements.

For example, Caley applies for a job as a social media manager. The employer might ask to see their Instagram profile to understand how they use social media.

Take care with your personal information

If you're concerned about the information that potential employers may come across, it's a good idea to check:

  • the privacy settings of your social media profiles
  • any information that an employer could see without clicking on your profile, such as your profile picture

Be careful about any information you include on job websites, or social media that focus on business (for example, LinkedIn). An employer could argue that they're justified in using this information.

When employers can use protected characteristics in recruitment

In some cases an employer might be able to justify that an applicant needs a certain protected characteristic to do a particular job. This is known as an 'occupational requirement'.

For example, an agency is recruiting a care worker for a woman who is uncomfortable receiving care from a man. The agency says the care worker must be a woman.

Under the law, in very rare circumstances when recruiting, it might be possible to use 'positive action during recruitment'. This is when an employer uses a protected characteristic as a reason for hiring one person over another.

For example, a business has 10 salespeople who are all men. They interview for a new salesperson and find 2 applicants equally able to do the job – a man and a woman. The business chooses to hire the woman, because women are not represented in the existing workforce.

Find out more about when an employer can use protected characteristics in recruitment

Trade union membership

An employer must not treat you unfavourably because you are, or are not, a trade union member.

Contact the Acas helpline

If you have any questions about discrimination and job applications, you can contact the Acas helpline.