Employment And The Equality Act - The Recruitment Process

Keeping up with employment laws can be difficult for small businesses, but it is essential to regularly review employment policy and practices and be aware of equality laws to avoid the risk of employment tribunal cases.

Each phase of the employment cycle, from the recruitment and selection procedure right through to an employee leaving the organisation, is governed by equality laws and employees, or possible employees, have rights at each stage.

The majority of equality law in the UK is included in the Equality Act 2010 that came into force on 1 October 2010 and brings together all extant anti-discrimination law that has been introduced over the past four decades. It identifies nine "protected characteristics" previously protected within separate legislation - disability, age, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity - and provides a legal framework to protect the rights of individuals and advance equal opportunities for all.

The hiring and selection process should be conducted in a way that promotes equal opportunities to ensure that no illegal discrimination occurs. Job adverts should be widely distributed in order to encourage applications from all suitably qualified and experienced persons and should not be restricted to regions or channels which would exclude or disproportionately reduce applications from a particular gender or racial or age group. In addition, the advert should avoid stating requirements as to marital status or specifying an age limit or group and words like "mature" or "young" should be avoided.

At interview, all questions should relate to the selection criteria and questions should not be based on assumptions about roles at and in the family, or the assumed qualifications of different ethnic or age groups for the post in question. Applicants should not be asked their age or about their health and disabled applicants should not be asked about the nature of their disability or how it might affect their ability to carry out the job.

A detailed record of every interview and selection decisions should be maintained for six months to provide feedback, if subsequently requested by applicants. The provisions of the Data Protection Act 1998 permit applicants to request to see interview notes where they form part of a "set" of information about the applicant (e.g. the application form, references taken up etc, or the full employment file if the applicant is already working for the company). The reasons for appointing or not hiring a particular applicant may also be challenged under discrimination laws.

Once the successful applicant has accepted the job offer, a written statement of the main terms and conditions of their employment is required by law to be given to the employee within two months of them starting work.

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