Ad description

An ad on a recruitment website for a Sales Representative at Anglian Windows Ltd t/a Anglian Home Improvements stated "Salary - 30,000.00 - 80,000.00 per year".

Issue

A complainant challenged whether the salary level quoted was misleading and could be substantiated.

Response

Anglian Windows Ltd t/a Anglian Home Improvements (Anglian Windows) supplied a comparison of salaries paid to the total number of their representatives that had been employed by them for the whole of the preceding financial year, 2013−2014, which they believed substantiated the claim.

Assessment

Not upheld

The ASA noted from the data that almost all full-time representatives were paid £30,000 or more per year, with a significant proportion being paid £80,000 or more per year. We noted that approximately half the representatives were paid £30,000 per year or less, but that they were predominantly part-time rather than full-time. We considered readers would expect the salary range quoted to apply to those working in the role full time. Because Anglian Windows had supplied data that showed almost all full-time sales representatives were paid £30,000 or more per year, with a significant proportion being paid the £80,000 per year top of the range figure, we considered Anglian Windows had substantiated the claim and concluded that it was not misleading.

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.  (Misleading advertising),  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation) 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.

CAP Code (Edition 12)

20.2     3.1     3.7    


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