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Good recruitment practices generally result in good appointments and the converse is sadly all too apparent.

The biggest employment law headache in recruitment comes from discrimination – where someone has not been selected for interview (or for a role) on grounds, not of their qualification, but because of their particular sex, age, gender re-assignment, marital status, race, disability, religious /philosophical belief or sexual orientation. Such discrimination can be committed unwittingly by an inexperienced recruiter if they suffer from inherent discriminatory tendencies of which they are unaware.

It is vital then that the recruitment process is as objective as possible and preferably those involved in recruitment should be trained on how not to discriminate during the process.

Typical employment law pitfalls

A good job description should describe the role’s overall purpose, and detail the key areas of responsibility and skills required. The job advertisement should describe the job description accurately and honestly to attract the best talent and avoid unqualified applicants.

Scam applications from applicants submitting similar CVs but in different names with the only material differences being potentially discriminatory – age, sex, race etc.

Great care should be taken with the wording of recruitment adverts to avoid inadvertently excluding protected groups & opening up the possibility of claims.

The recruitment process itself should be equally open to all and recruiters should clarify whether an interviewee has any special requirements, for example the use of a downstairs room in the case of wheel chair users.

Care should also be taken with questions asked at interview, and questions not directly relevant to the skills and experience of the job should be avoided, even if these are well intended. Competency-based interviews are a powerful tool for evaluating your candidate’s skills, knowledge and personal attributes and avoid costly mis-hires.

A general recruitment process will involve defining the role, sourcing and attracting applications, managing the application and selection process, screening and interviewing, hiring and onboarding.

Help & Support

We are happy to look over job adverts for potential discrimination issues and we can help our clients with sample skill–based questions etc. Alternatively we are happy to offer a personalised recruitment service. Read more about our Recruitment Services.

Please bear in mind that if a discrimination related dispute is apparent or a complaint is made or you think might be made, please contact us straight away.

If you’re thinking of outsourcing your HR, payroll or employment law needs, why not contact myHRdept? Call us on 01628 820515, email us at to discuss your requirements, or contact us via our website and we’ll call you back.




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