Ad description
An ad on a recruitment consultancy website, www.randstad.co.uk, was headed "Packaging Technician - Worthing, West Sussex". Further text stated "Position Type: Temporary".
Issue
The complainant challenged whether the ad was misleading because it failed to make clear that the position was for a zero-hour contract.
Response
Randstad UK Holding Ltd said that when an individual approached them for temporary work, they entered into a contract for services. They said that contract established the individual's rights and covered all assignments undertaken by the individual for Randstad UK Holding. They said when a person was placed into a particular assignment, such as the one advertised, they were provided with an assignment schedule that detailed the particulars of that assignment, including a specified number of hours. They said the underlying contract between Randstad and the worker did not set any particular hours and as such the worker retained flexibility to accept or reject assignments.
Randstad UK Holding said the term "zero hours contract" had no legal meaning. They therefore believed that to refer to the advertised assignment as a zero hours contract would be misleading. They considered stating that the position type was "temporary" accurately reflected the nature of the relationship that they would have with successful applicants.
Assessment
Not upheld
The ASA understood that when an individual approached Randstad for temporary work, they entered into a contract with Randstad that did not include a commitment to working a number of hours and allowed a worker for Randstad to accept or reject assignments.
We understood that the applicant appointed to the advertised position was obligated to meet the specific working conditions associated with that position, including a commitment to a specified number of hours, and that the advertised position was available on a temporary basis; Randstad provided evidence to support that. On that basis, we considered the ad did not misrepresent the working conditions associated with the advertised position and was therefore not likely to mislead.
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, homework schemes and business opportunities), but did not find it in breach.
Action
No further action necessary.
