Businesses recruiting in the current downturn who withhold important information regarding the direction and future plans of the company, may find themselves in a legal battlefield, according to Harmers Workplace Lawyers.
Shana Schreier-Joffe, partner at Harmers Workplace Lawyers said businesses that withhold important information regarding the future plans and direction of the company from prospective employees, in particular any potential restructuring that may occur in the future, or the difficult financial circumstances of the company, may give rise to legal action by misled employees.
“If a candidate is offered a role overseeing a team of 15, or reporting directly to the CEO, yet three months into the role they discover that their team will be reduced or redeployed elsewhere, or that restructuring will greatly diminish their position in the company hierarchy, then they will understandably feel disappointed and even angered that the role has changed so dramatically from what had been originally presented to them.”
Ms Schreier-Joffe said that employers must be careful what they say in interviews and to communicate the exact nature of the role and the state of the business in order to avoid misrepresenting the company and misinforming the potential employee.
“While I can understand why employers might be reluctant to openly discuss potential changes that may occur to their business, or the difficult financial position of the company…potential employees need to have all the appropriate information available to allow them to make an informed decision about their careers and employment situation.”
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