Recruitment agency offer of a job, then given to someone else

[ths01]

Hi.

A relative recently had an interview for an administrative role set up by a recruitment agency. The recruitment agent then called to confirm the job offer, and also sent an email confirming this.

The job offer was accepted verbally. Follow up emails were also provided to arrange dates/times to sign the contract. The recruiter then went quiet for a few days.

My relative tried calling, and emailing with no luck. In the end she phoned the company she interviewed with who told her that another interview had taken place that day and the job was offered to that person. My relative burst into tears on the call as they were extremely upset, and the person who had interviewed her said there was some talk about my relative not being able to drive and possible questions then over reliability.

My relative called the recruitment company and ended up talking to a director who got the recruiter to eventually contact my relative (not by phone though, by email instead). The recruiter said the person who interviewed had opted for someone else.

Is this scenario unlawful in any way?

I ask as:

1. My relative was offered the job verbally and over email and accepted.
2. No reason as to why the job was then given to someone else has been given formally.
3. There was mention (verbally) of the reason possibly being down to not driving (not a requirement of the role)
4. It has caused emotional upset, and frankly my relative is very downbeat about looking for more jobs at this moment in time after this experience

Thanks in advance.

[Sangie595]

Re: Recruitment agency offer of a job, then given to someone else

Sorry, but no. Job offers are frequently withdrawn for all sorts of reasons all the time. It's horrible but there is rarely anything that can be done. But in this case there is no contract in place, and even if there were, the best she'd be entitled to MIGHT be notice.

[ths01]

Re: Recruitment agency offer of a job, then given to someone else

Does the recruitment agency not have to provide a reason, and noting the conversation re 'not driving' is there not some form of discrimination in play?

Thanks

[charitynjw]

Re: Recruitment agency offer of a job, then given to someone else

For discrimination cases, there has to be a detriment which is due to a 'protected characteristic', such as disability, age, race etc.

The ability/inability to drive, or access to a vehicle, would not in itself be classed as such a characteristic.

[ths01]

Re: Recruitment agency offer of a job, then given to someone else

I did read for disabled persons, not recruiting as the person isn't able to drive is discrimination, particularly if driving was not needed in the role (i.e admin role). The person in question isn't disabled - but it seems very inconsistent.

Anyway, it seems this particular recruitment agent lacks morals. A complaint about how this was handled will be made.

[Sangie595]

Re: Recruitment agency offer of a job, then given to someone else

I did read for disabled persons, not recruiting as the person isn't able to drive is discrimination, particularly if driving was not needed in the role (i.e admin role). The person in question isn't disabled - but it seems very inconsistent.

Anyway, it seems this particular recruitment agent lacks morals. A complaint about how this was handled will be made.

Not "is". It's "might be". And "might not be" too. And the decision was one made by a client - not by the recruitment agency. So morality had nothing to do with it. It's business. That's all. And that's all they care about. They get paid a commission for the recruitment or they don't. Complaining won't get the agent into trouble for anything, but it may mean that your friend doesn't get any more referrals from that firm. And many of them are interlinked, so it could have a knock on effect elsewhere. Is she sure that this won't have a detrimental impact on her job searching? Does she not intend to use agencies again?

In the end, this just comes down to a disappointing decision made by a client of an agency. She got knocked back. I'm sorry it had been so disappointing for her. But what advantage does a complaint bring her?