The Committee of Advertising Practice (CAP) Code relates entirely to marketing communications for employment, business opportunities and homeworking schemes. As with any other ads, marketers must ensure that their job ads do not mislead those who see them, and should include all material information which is likely to affect someone’s decision to apply, which may include:
- The terms and conditions of employment (including salary) and working conditions (see Employment: Employer Puffery and Employment: Earnings Claims)
- Clearly indicate if they are an employment agency (see Employment: Employment Agencies)
- Make no promises about employment if they are merely offering vocational training (see Employment: Vocational Training)
- State the factors likely to affect a consumer’s understanding of the offer (e.g. charges for raw materials for homework schemes (see Employment: Fees and Charges ), the existence of an investment (see Employment: Business Opportunities) and so on.
Marketers should also ensure the vacancies they advertise are genuine and make clear the nature of the opportunity available. See also Employment: Homework Schemes and Employment: Vacancies and Availability of Jobs.
Generally speaking, CAP can only give advice on the above issues and any offence concerns within employment ads. Any discrimination concerns (such as age/race/gender etc.) are dealt with by the Equality and Human Rights Commission. Marketers should be aware that several statutes could be relevant to marketing communications for employment and business opportunities, e.g. the Employment Agencies Act 1973, Employment Act 2002 and the Equality Act 2010.
Marketers should seek legal advice if they are at all concerned about the legality of their marketing communications.
Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority. CAP’s AdviceOnline entries provide guidance on interpreting the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing.
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