Discrimination and the Recruitment Process

A short time ago, I was at a networking breakfast. The gentleman sitting next to me asked what I did and I told him that I am a solicitor specialising in employment law. I could tell he was impressed by the way that he rolled his eyes and looked up at the ceiling whilst shaking his head - good start !

The discussion then got on to recruitment of staff. Trying to show off, I pointed out  it was important that neither the job advert nor the interview process should be conducted in a way that could be seen as being discriminatory - I was going for broke by now ...

He said "Well, I always ask women if they intend to have any children". Good answer - for lawyers that is.

Here are some tips regarding how to avoid a claim for discrimination in the recruitment process - which is by no means exhaustive:

• Work out a job description for the role itself - what are the essentials? This will help in drafting the job advert and questions for the interview.
• What personal characteristics are relevant for an applicant? Does it really matter whether an applicant is 21 or 61 years old? Does it have to be a man or woman that does the job? Does a person have to be able-bodied? Does an applicant have to be fluent in a particular language?
• Avoid terms such as "mature" in a job advert as this may discriminate against younger candidates. Think about what is meant by "mature". What an employer is probably looking for is someone who is reliable and this can be established by looking at an applicant's CV and getting references from previous employers.
• Consider whether a role has to be full time - can it be split amongst two part-timers on a job-share basis?
• Except in limited circumstances, a prospective employer is not allowed to enquire about an applicant's health before offering them the job.
• Ensure the application form does not ask for information that may be irrelevant to the applicant's ability to perform the role, e.g. marital status, number of children, age, nationality.
• Prior to the interview, set out a list of core questions which are designed to establish whether an applicant has the required characteristics and record their answers. The interview does not have to be restricted to those questions, but questions asked and their responses should be recorded.
• If it turns out after the interview that the applicant is disabled the employer is obliged to consider what "reasonable adjustments" can be made to enable the disabled person to perform the role.

CONTACT ME

If you want to find out more about the services that I offer, call 01462 418629, or visit my website www.hertsemploymentlaw.co.uk.

Disclaimer
This blog post is intended for information only. It is not intended to amount to legal advice or be relied on in legal proceedings and readers are advised to take specialist legal advice at all times.