Is there an obligation for a business to provide feedback to a candidate who is unsuccessful following an interview?
Subject to any internal policy, the general rule is that there is no legal requirement for businesses to provide unsuccessful candidates with feedback on why they were unsuccessful. It would be prudent to inform all candidates, before or at the end of the interview process, that feedback requests will not be entertained as part of the organisation’s policy. This helps to justify, on legitimate grounds, that all unsuccessful candidates are treated in the same manner.
Where the above has not been made clear to an unsuccessful candidate who then requests feedback in circumstances suggesting that the candidate has protected characteristics, such as race, and suspects discrimination, the burden of proof lies with the candidate to establish a prima facie case. This requires showing facts from which an inference could be drawn that discrimination has probably occurred in the absence of any other coherent explanation linking those facts to a discriminatory motive (section 136 of the Equality Act 2010). Once established, the burden of proof shifts to the business to demonstrate that the treatment complained of was in no way related to race.
There should also be no unreasonable delay in providing feedback in such circumstances. Where an allegation of delay arises, an Employment Tribunal could find that the delay was related to race if the business cannot provide a credible explanation. However, poor administrative practices that may have caused delay will not necessarily amount to discriminatory treatment (see London Ambulance Service NHS Trust v Mr I Sodola [2026]).
Businesses are reminded that where notes and/or minutes have been taken by the interview panel, an unsuccessful candidate may submit a subject access request. It is therefore sensible and prudent to retain interview records for up to 12 months. Under the Equality Act 2010, an unsuccessful candidate typically has six months to bring a discrimination claim, although in some cases the Employment Tribunal may extend this period. As such, a 12-month retention period is considered good practice.
If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team on 01455 852 028.
