Employment Agency responsability for discriminatory contents of an advert
Can an employment agency which has posted a discriminatory advert says that it is not responsible for it because it has simply followed the instruction of its client concerning the contents of the advert?
What kind of advert was it?
Hide in the noise. #hackerwisdom
It was an advert requiring people speaking a certain foreign language even though this language was not necessary to perform the work
@world: the answer to your question is "no". See section 55 Equality Act 2010.
Can you be sure that a language qualification is not properly required?
The respondent admitted that its client instructed it by mistake to ask for people speaking a certain language.
Hence, the additional question that I have is can mistake be a good reason to escape liability in case of discrimination?
If you have some authorities to put forward it will be good
I am aware of no such defence.
However, it is used by Respondents who has nothing else to put forward. It is why it will good to know some previous authorities which show that this defence does not work to show them to a Respondent who uses this defence