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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

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

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Redundancy: competitive interview processes

In this case, the Respondent’s appeal was unsuccessful. In the first instance, the decision that it unfairly dismissed various claimants following the closure of the school where they worked. The Claimants were unsuccessful in applying for substantially similar positions at a new school that opened at the same site. Read more here.

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Can an application to postpone a hearing be refused?

This case highlights the importance of Claimants obtaining their own medical evidence in such matters especially when it is pivotal to their claim.

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Employer obliged to pay settlement despite employees confidentiality breach

In Duchy Farm Kennels Ltd v Steels the employer was found not to have been relieved of its obligation to pay a settlement sum, despite the former employee having breached the confidentiality clause contained in the settlement agreement.

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