Job ads: take care not to mislead
Unacceptable job ads. In Spring 2022 Home Instead St Albans (H), a home health care company, ran a paid-for ad on Facebook for a job as a home care provider which stated that “flexible working patterns” were available. Those who clicked on the job ad were taken to information on H’s website which said: “flexible shift patterns available - we can offer you shifts so you can work whenever it suits you” .
Off to ASA. An applicant who was offered the job, but later denied a flexible working pattern, asked the Advertising Standards Authority (ASA) to decide whether H’s job ad claims were misleading. The ASA oversees the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code ) which is the rule book for non-broadcast advertisements, such as job ads (see The next step ).
Material information. The CAP Code says that employers must ensure that their job ads do not mislead those who see them, e.g. by stating something which is untrue, and should include “all material information” which is likely to affect someone’s decision to apply. This may include the terms and conditions of employment (including salary) and working conditions. In this instance, H had breached the CAP Code as no flexible working patterns were actually available. The ASA ordered H to remove the offending job ad and ensure that its future job ads and/or descriptions are accurate and do not mislead in relation to flexible working hours.
Tip. The ASA does not have the power to impose any fines, but its rulings can mean that paid-for ads and recruitment campaigns are a waste of money, plus there’s the possibility of unhappy applicants. If you wish to check whether the wording of a job ad complies with the CAP Code, you can contact the ASA for free copy advice (see The next step ).
For the CAP Code and information on free copy advice from ASA, visit https://www.tips-and-advice.co.uk , Download Zone, year 24, issue 17.
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