ASA Adjudication on Jobs Now

Ad

An online recruitment ad was headed “Bar, Leisure & Hospitality roles”. Text stated “Various highly paid positions currently available, with flexible working hours. Due to a high number of applications, please initial [sic] call me, to guarantee your application is dealt with, as well as applying below. Initially please call 07742 XXX XXX & speak to Graham. With High Earning potential before Christmas and with roles upto [sic] and after the New Year”. The address field for the advertiser was blank.

Issue

The complainant objected that the ad was misleading, because it did not:

1. make clear that the roles were for escort work;

2. state that a fee was payable before work was set up; and

3. include adequate contact details for the advertisers.

4. The complainant also challenged whether the advertisers could demonstrate that they had work available.

CAP Code

Response

Jobs Now did not respond to the ASAs enquiries.

Assessment

The ASA was concerned by Jobs Nows lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded Jobs Now of their responsibility to respond promptly to our enquiries.

1. Upheld

The ASA noted the complainants concern that the nature of the work - escort work - should have been stated in the ad,which appeared in a general section for bar, leisure and hospitality roles. Because it did not, we concluded that the ad was likely to mislead.

On this point, the ad breached CAP Code clauses 6.1 (Honesty) and 7.1 (Truthfulness).

2. Upheld

We noted the complainant had been asked to pay a fee in order to receive work. Because it did not make that clear, we concluded that the ad was likely to mislead.

On this point, the ad breached CAP Code clauses 7.1 (Truthfulness), 6.1 (Honesty) and 52.1 (Employment and business opportunities).

3. Upheld

We considered the ad misleadingly implied Jobs Now was an employer recruiting directly to fill existing vacancies, whereas we understood from the information provided by the complainant that Jobs Now was an agency.

Because the ad did not include the companys full name or state that it was an agency, we concluded that the ad was in breach of the Code.

On this point, the ad breached CAP Code clauses 7.1 (Truthfulness) and 52.3 (Employment and business opportunities).

4. Upheld

Because Jobs Now had not responded to the ASAs enquiries, we considered that they had not substantiated that they genuinely had work available. We therefore concluded that the ad was likely to mislead.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), and 52.2 (Employment and business opportunities).

Action

The ad must not appear again in its current form. We asked CAP to advise its members of the problems with Jobs Nows advertising.

Adjudication of the ASA Council (Non-broadcast)