Ad description

A job listing posted by the recruiters Dawson & Walsh, seen 6 November 2018 on TotalJobs, for a permanent .NET Developer position located in Cardiff. The ad’s heading stated “.NET Developer, ASP.NET, C# - Cardiff”.

Issue

The complainant, who believed the job did not relate to a genuine vacancy, challenged whether the ad was misleading.

Response

Dawson & Walsh Ltd said that the job ad was genuine and provided us with a screenshot of their internal job database which showed details of the advertised job, including the date it was logged on the system, salary, location and job description. They also provided an email chain between themselves and the client on whose behalf they were recruiting, in which the client confirmed they had instructed Dawson & Walsh to advertise positions in Cardiff. Dawson & Walsh also provided a PDF version of the job description and an email from their client confirming that was their job specification.

Assessment

Not upheld

The ASA considered consumers would expect the ad to be a genuine job listing for a vacancy that would lead to employment in the role described if their application was successful.

We noted the job details presented in the advertiser’s database corresponded to those shown in the job ad. The job’s salary, details and location all matched those in the ad, and it had been logged prior to it being seen by the complainant. Dawson & Walsh also provided a copy of a job description in full, which included job details that also matched their database, and correspondence between Dawson & Walsh and the company on whose behalf they were recruiting which confirmed the copy of the job description was genuine. We considered the evidence was adequate to substantiate the job ad was genuine and concluded that the ad 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 required.

CAP Code (Edition 12)

20.2     3.1     3.7    


More on