Recruitment and business opportunities: Employer puffery

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.

Some things in recruitment or business opportunities ads obviously need to be accurate; for example, the vacancy must exist and the pay should be quoted correctly. Some claims, such as those the employer might make about his or her company, are less straight-forward. In the past, the ASA has accepted that a degree of latitude might be acceptable when employers use ‘aspirational’ claims to describe their workplace, mission statement, ethics, etc. Subjective claims or those that are not capable of objective substantiation are likely to be acceptable, for example: “We are a company with integrity. We believe we make the finest widgets at rock bottom prices and work hard to achieve customer satisfaction that is second to none. If you fancy working with true professionals, call us on …”. (Gundersen Bucher Rugman, 23 June 2004 and MCI Worldcom, 29 October 2003).

Claims that are capable of substantiation and likely to affect an applicant’s understanding of the employer might, however, be unacceptable. At its meeting in July 2004, the ASA Council discussed claims in recruitment ads and concluded that, although prospective employees are likely to research a company before applying for a job, changing jobs was a major and often life-changing decision. Although readers were likely to expect some boasting by employers, the ASA decided that objective claims nevertheless had to be proven. One of the ads the Council discussed claimed “South Manchester PCT has a well-earned reputation for its leading-edge thinking and creativity”. Because the advertisers were unable to prove they had that reputation, the ASA Council upheld the complaint (PSD Ltd, 21 July 2004). Had the advertisers claimed “South Manchester PCT is a leading-edge thinking and creative employer“, CAP believes the ASA would have reached a different verdict.

See also entry on ‘Types of Claims’.

Last modified : 03 August 2010

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