Recruitment laws on equality and discrimination

Ensuring that your recruitment practices do not discriminate against applicants is an important part of the process. Under the Equality Act 2010, allegations of discrimination are potentially far-reaching, from the way in which you advertise a job role to how you go about selecting the successful candidate. As an employer, whilst you will want to find the best person for an available position, you must ensure that you are not falling foul of the law. This is because all job applicants have a right not to be unlawfully discriminated against because of any one of the nine protected characteristics under the Act, including age, race, religion, disability, gender reassignment, sex and sexual orientation.

Even though you have not yet employed a person, if you treat any applicant unfairly during the recruitment process, you can still be guilty of unlawful discrimination for which a claim can be brought before the employment tribunal for a declaration and compensation. For example, when writing a job advert, you must not ask someone how old they are, or use phrases like ‘recent graduate’ or ‘highly experienced’, unless these are specific requirements of the job role, otherwise risk discrimination on grounds of age. Equally, you must not ask someone about their marital status, or if they have any children or plan to have children.

Similarly, when it comes to screening and selecting for interview, or making job offers, it would be unlawful not to select someone, for example, because they are pregnant, or for any one of the other protected characteristics as set out under the 2010 Act.

In addition to the Equality Act 2010, you should also consider the Employment Statutory Code of Practice, as produced by the Equality and Human Rights Commission (EHRC). This contains best practice advice in regards to recruitment and avoiding discrimination, including suggestions like having a wide pool of candidates, following a clear and objective selection process, and being open minded in your selection and not making assumptions.