The most effective way to show you did not discriminate in recruitment is to have written evidence of a clear, fair and justified recruitment exercise and decision-making process. Consider using a Recruitment policy for this.
Protected characteristics
To prevent discrimination, avoid asking questions about 'protected characteristics' (eg sex or race) at all recruitment stages unless necessary. For example, you:
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must not ask applicants about their marital status
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must not ask applicants if they have children or plan on having children
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can only ask for applicants’ dates of birth if they need to be of a certain age to do a job (eg must be over 18 to sell alcohol)
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may only ask about health or disability to determine if an applicant needs assistance during selection testing or an interview
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may only ask about health or disability if necessary requirements of the job cannot be met with reasonable adjustments
For more information, see the Government’s guidance.
Job specification and advertisement
The first step is to create a written Job description and personal specification for the hire, taking care to avoid descriptions or requirements that seem indirectly discriminatory. Avoid informal recruitment and advertise your role widely, to encourage diverse applicants.
Take care in drafting the job spec and any advertisement. Bear in mind that you typically cannot refer to protected characteristics in a job advert. Make sure to:
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avoid words that imply a particular gender (eg waitress) or age group (eg mature)
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focus on the experience of specific roles, activities or issues rather than an amount of time
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keep it as brief as possible, if you do specify an amount of experience
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think critically about each requirement you specify and if it is really needed
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state that foreign equivalents will be accepted when referring to qualifications
It is recommended to advertise vacancies in at least two channels (eg in newspapers, on social media platforms and on different job websites) to reach a wide range of possible applicants and avoid claims of discrimination.
Selection process
Unless required to do so by a business policy, you do not typically need to interview someone before offering them a job. However, conducting an interview is a good way to determine whether an applicant is right for the position and help avoid potential discrimination claims (eg people who could do the job being overlooked).
In order to avoid possible discrimination claims, it is recommended that at least two people are involved in the selection where possible.
When reviewing applications and selecting applicants for the next recruitment round, you should consider which applicant best meets the job description and person specifications. To ensure that applications are assessed as fairly as possible, it is recommended that a consistent decision-making process (eg a scoring matrix or checklist) is used.
Where the selection process involves selection testing, any such tests should be reviewed and signed off by the HR department, to ensure the test:
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is free from any discriminatory element, and
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assess only objective requirements that are necessary for the role
Interview
It is recommended that, before interviewing applicants, you prepare questions (which must not discriminate) to ask. As with the selection process, it is recommended that, where possible, at least two people conduct interviews to reduce the risk of discrimination.
In certain circumstances, you may ask applicants about their protected characteristics (eg age, race and disability). You may, for example, ask:
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applicants if they need any reasonable adjustments (eg ensuring your office is accessible to disabled applicants)
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about protected characteristics to complete equality and diversity monitoring forms, designed to help check your business follows the law when recruiting
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health-related questions only to:
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determine if an applicant can carry out an essential job function
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take ‘positive action’ to assist anyone with a disability
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monitor if an applicant has a disability (without revealing their identity)
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check if an applicant has a disability where this is a genuine requirement of the job
Any questions about protected characteristics should first be approved by the HR department.
Remember not to ask for excess or irrelevant information. For example, instead of asking what a woman’s childcare arrangements are, ask if she is confident that she will be able to meet the time and travel commitments associated with the role.
After interviewing applicants, make sure to treat them fairly and equally when deciding who to offer the job to. As with the selection process, it is recommended that you use a consistent decision-making process (eg a scoring matrix or checklist).
Other points to consider
Be culturally sensitive, especially about mannerisms and body language. Don’t ask whether a candidate thinks they will 'fit in'. Use consistent criteria and benchmarked grading to assess different applicants. This is particularly important where multiple interviewers are involved. A scoring matrix can help.
Bear in mind that you should avoid using any information on social media profiles when deciding whether to interview or hire someone. Doing this may break the law, especially if:
You can typically use the information provided on business social networks (eg LinkedIn) or job websites as this information is intended to showcase work experience and professionalism to prospective employers. Read Using social media in recruitment for more information about social media and recruitment.
Consider offering equal opportunities training to anyone involved in the hiring process, to ensure that they are familiar with discrimination laws and how they apply to the recruitment process. While this is not necessary, it makes those involved in the recruitment process aware of their responsibilities and may help provide a defence in any discrimination claim.