HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
An unsuccessful candidate does not generally have a statutory right to receive a particular rejection letter or detailed interview feedback. However, how an employer makes and communicates recruitment decisions still matters. Recruitment should be fair, consistent and free from unlawful discrimination, with candidate information handled appropriately.
Equality Act 2010
The Equality Act 2010 protects job applicants from discrimination because of protected characteristics. This applies throughout recruitment, including shortlisting, interviews and the final selection decision.
Employers should therefore ensure that rejection decisions are based on genuine, relevant criteria for the role rather than protected characteristics or assumptions about a candidate's personal circumstances.
Consistent selection criteria
Good recruitment practice is to assess candidates against criteria established for the role rather than changing the basis of the decision after interviews have taken place. This makes decisions easier to explain and can help reduce the risk of inconsistent or subjective treatment.
ACAS guidance encourages employers to use fair recruitment practices and avoid discrimination. A rejection letter should therefore accurately reflect the decision that was actually made rather than introduce a new justification after the event.
Candidate feedback
Employers are not generally required to provide detailed interview feedback to unsuccessful candidates, but constructive feedback can form part of a positive candidate experience where the organisation is comfortable providing it.
Where feedback is given, it should be factual, relevant to the selection criteria and capable of being supported by the recruitment records. Employers should avoid speculative comments, personal opinions or comparisons that could create unnecessary risk.
Recruitment records and data protection
Interview notes, application forms, CVs and recruitment decisions contain personal information and are subject to the UK GDPR and Data Protection Act 2018.
Employers should have appropriate arrangements for storing, accessing and retaining recruitment records and should avoid retaining candidate information indefinitely simply because it may be useful in the future.
Clear and respectful communication
ACAS guidance supports clear communication as part of good employment practice. Although an unsuccessful candidate is not an employee, prompt and respectful communication is an important part of professional recruitment.
A clear rejection letter confirms the outcome, thanks the candidate for their time and avoids leaving candidates uncertain about whether the recruitment process is still ongoing.