recruitment - discrimination
Discrimination in recruitment and induction
{Note: this study note addresses recruiment issues from the perspective of UK legislation & employment practice]
Employers have to take care to avoid discrimination in recruitment (when prospective employees apply for a job) and induction (when employees start work with a new employer) processes. Not only is this fair and required by law, but it also gives an employer the best chance of getting the right person for the job.
It is important to remember that a job applicant could take a business to an employment tribunal, even though they did not become an employee, if they believe they weren't selected for a particular job for discriminatory reasons.
In the UK, employers should follow the code of practice on Racial Equality in Employment that became law in April 2006. This provides guidance on how businesses can prevent unlawful racial discrimination in their recruitment policies.
It's important to follow certain procedures and to check each potential employee's eligibility to be in the UK and do the work in question. However, a business must also ensure that its recruitment practices are not discriminatory.
Addressing Disabilities
The Disability Discrimination Act 1995 included provisions outlawing job advertisements that imply that any candidate's success depends to any extent on him or her not having a disability, or that indicates a reluctance on the part of the employer to make reasonable adjustments. In addition, third-party publishers, eg newspapers, are liable if they publish discriminatory advertisements.
Although it is rare to see job adverts specifying a particular race or gender, age discrimination is still common with phrases such as "young", "would suit someone who has just qualified" or "minimum of ten years' experience".
This is likely to lessen when proposed anti-age discrimination legislation is enacted in the UK.
The Interview Process
When interviewing people for a job there are certain questions that an employer should not ask, either directly or indirectly, including whether a candidate is married, a partner in a same-sex civil partnership, or plans to have children.
Similarly, an interviewer must not attempt to elicit information about a person's sexual orientation or their religion.
Care should also be taken when asking about a disability. Whilst the Disability Discrimination Act does not prohibit an employer from seeking information about a disability, that information must not be used to discriminate against a disabled person.
An employer should only ask such questions if they are relevant to the person's ability to do the job, after a reasonable adjustment, if necessary.
This approach should be applied throughout meetings and the employee induction process.
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