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Discrimination in recruitment

7 December 2012

The BBC reports on the personal effect of discrimination in recruitment.

This serves as a reminder to businesses that an Employment Tribunal claim can come from a job applicant. 

An individual can bring a claim that they have been discriminated against by:

  • the arrangements an employer makes for offering employment – for example the application form, the advert and person specification
  • the terms on which employment was offered
  • not being offered employment.

Your business should always be able to justify and evidence why it has declined to call someone in for an interview/not make a job offer.  It is not unknown for a candidate to send in duplicate applications with slightly different information related to a protected characteristic.

Tips

  • Train decision makers in equal opportunities, avoiding stereotyping and scoring objectively
  • Avoid questions not relevant to the role
  • Keep a paper trail including notes of the short listing process, the interview and panel discussions following interview

Related opinions

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In University of Dundee v Chakraborty, the Employment Appeal Tribunal (EAT) considered whether a first draft of a grievance report could retrospectively be deemed to be privileged.

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Revoking and reforming EU law

The Government has published the Retained EU Revocation and Reform Bill which, if passed, provides for the revocation of all “EU-derived subordinate legislation” (i.e. UK statutory instruments which were introduced to implement EU law) and retained direct EU legislation on 31 December 2023, unless legislation is specifically introduced to save them.

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Gender equality

Randstad has published a report on gender equality in the workplace based upon survey responses from 6,000 workers within the construction, education, healthcare and technology sectors. Whilst legislation relating to sex discrimination has been around for over 45 years, nearly three quarters of female workers surveyed reported that they had either experienced or witnessed inappropriate behaviour or comments from male colleagues.

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