Three job ads for the recruitment company Noir Consulting Ltd, seen on 15 October 2020:
a. A job ad on CWJobs included the heading “.NET Developer, C# - Computer Gaming Company – Swansea”. Text underneath stated “St. Helen’s, Swansea (SA1), SA1 1DE” and “£30000 - £50000 per annum + Bonus + Car + Benefits”.
b. A job ad on The Telegraph Jobs website included the heading “.NET Developer, .NET Core, C# - Computer Gaming Co – London”. Text underneath stated “Location” alongside “London (Central) and “Salary” alongside “30000.00 – 50000.00 GBP Annual”.
c. A job ad on CW Jobs included the heading “.NET Developer, Graduate / Junior – Computer Gaming Company”. Text underneath stated “Battlefield, Newcastle Upon Tyne (NE1), NE1 1DF” and “£20000 - £30000 per annum + Bonus + Car + Benefits”.
IssueThe complainant, who believed the ads did not relate to genuine vacancies, challenged whether the ads were misleading.
ResponseNoir Consulting Ltd provided evidence via screenshots of their recruitment management system. The screengrabs showed the date the jobs were logged on the system and details of the jobs advertised, including salary, locations and job descriptions. The screenshots also showed details of an applicant who had been successfully placed. Noir Consulting provided a copy of the job description from their intermediary client, on whose behalf they were recruiting, which detailed the job title, salary, location of work, job description and candidate requirements. They also provided correspondence with their intermediary client, in which their client confirmed they had offices in the locations listed in the ads.
The ASA considered that consumers would expect the ads to be genuine job listings for vacancies 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 ads. The jobs’ salaries, details and locations all matched those in the ads, and they had been logged prior to the ads being seen by the complainant. The correspondence further verified the locations of the offices listed in the ads. We also noted that the database included details of a candidate who had been placed in one of the vacancies. Noir Consulting also provided a copy of a job description in full, which included job details that also matched their database and those in the ads. We considered the evidence was adequate to substantiate that the job ads were genuine and concluded that the ads were not misleading.
We investigated the ads under CAP Code (Edition 12) rules
Marketing communications must not materially mislead or be likely to do so.
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.
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.
No further action required.