Regulation 5 Refusal of employment

(1)

A person (P) has a right of complaint to an employment tribunal against another (R) if R refuses to employ P for a reason which relates to a prohibited list, and either—

(a)

R contravenes regulation 3 in relation to that list, or

(b)

R—

(i)

relies on information supplied by a person who contravenes that regulation in relation to that list, and

(ii)

knows or ought reasonably to know that the information relied on is supplied in contravention of that regulation.

(2)

R shall be taken to refuse to employ P if P seeks employment of any description with R and R—

(a)

refuses or deliberately omits to entertain and process P’s application or enquiry;

(b)

causes P to withdraw or cease to pursue P’s application or enquiry;

(c)

refuses or deliberately omits to offer P employment of that description;

(d)

makes P an offer of such employment the terms of which are such as no reasonable employer who wished to fill the post would offer and which is not accepted; or

(e)

makes P an offer of such employment but withdraws it or causes P not to accept it.

(3)

If there are facts from which the tribunal could conclude, in the absence of any other explanation, that R contravened regulation 3 or relied on information supplied in contravention of that regulation, the tribunal must find that such a contravention or reliance on information occurred unless R shows that it did not.