A candidate applied for a role and on paper had sufficient relevant skills to be shortlisted for interview. However, when the interview took place, their spoken English was at a very, very basic level and not conducive to effective business communication, also their understanding of English was very poor.
There is much written and verbal communication required for this role (although we have nothing in writing to say so). We want to reject this candidate and want this reason to be given to them as the reason why we are not going to appoint them.
Peter replies:
There are two problems with your approach:
Firstly, you have not apparently got a job description or person specification to ‘prove’ that you need a good standard of English in this (as yet unspecified) job. The risk of a racial discrimination claim being successful is therefore increased, as it may look like you have thought this up after the event. Of course, if the job is clearly one that requires high level English (newsreader for example) then you should be safe.
Secondly, I do not think it necessary or wise to give full reasons for rejection, especially if you normally just give the standards wording something like “other candidates more closely matched our requirements”. I understand your desire to be honest, but saying so may just inflame the person, and saying it when you would not normally give reasons looks like you are treating them differently (less favourably).
I would therefore advise three things to do.
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- 1. Ensure that the reason for rejection is written on the cv/application form/interview notes in much the same way as it is for all the other interviewed candidates. It needs to be clear; “poor English” would not be sufficient and may even look worse!
2. Write to them promptly and politely, declining their application just like the others.
3. Introduce at least basic job descriptions and or person specifications which clearly identify essential criteria for successful performance of this and other jobs.
The guidance provided in this article is not legal advice as every case depends upon the facts. The law is forever changing and you need to keep up with these changes. Before you take any action, make sure that you know what you are doing, or call us for specific advice.
