Ad description

A job ad, in a regional newspaper, featured text that stated "Research makes a difference! Are you confident? Do you enjoy meeting people? Then become a market research interviewer conducting surveys on behalf of the government, public bodies, charities and blue chip companies Earn £53.65 - £71.25 for a 6 hour day + travel expenses Minimum 18 hours per week made up of afternoons/evenings + weekends. Full training given No selling Must have use of a car + line +/or broadband. This opportunity could progress into a full time contractual position (with many company benefits, including pension)".

Issue

The complainant challenged whether the ad was misleading because it failed to make clear that the job involved meetings without prior appointment.

Response

TNS UK Ltd explained that there were a variety of ways of setting up an interview and that a request in person was not the most common arrangement. They believed the manner in which interviews were arranged was not material information that needed to be included in the ad. They believed that information could adequately be drawn to a potential applicant's attention on a follow-up telephone call or via their website. They said the ad provided three different options where potential applicants could find out further information about the role, prior to making their application.

Assessment

Not upheld

The ASA noted the ad made clear that the advertised position was for a market research interviewer. We considered potential applicants would understand that the position may involve meetings without prior appointment. In that context, we considered the fact that the job involved meetings without prior appointment did not need to be made clear in the ad. We therefore concluded that the ad did not breach the Code.

We investigated the ad under CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  and  3.3 3.3 Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
 (Misleading advertising) and  20.2 20.2 Employment marketing communications must relate to genuine vacancies and potential employees must not be asked to pay for information.
Living and working conditions must not be misrepresented. Quoted earnings must be precise; if one has to be made, a forecast must not be unrepresentative. If income is earned from a basic salary and commission, commission only or in some other way, that must be made clear.
 (Employment), but did not find it in breach.

Action

No further action necessary.

CAP Code (Edition 12)

20.2     3.1     3.3    


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