The recruitment process is one of the areas where employers most commonly — and often unintentionally — breach employment law. From the moment a candidate applies, they are protected from discrimination, harassment and victimisation.

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For this reason, recruitment must be fair, transparent and legally compliant.

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1. Protection of candidates from discrimination

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Candidates are protected from discrimination based on:

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• sex,

• age,

• race and ethnicity,

• religion or belief,

• disability,

• sexual orientation,

• pregnancy and maternity,

• marital or civil partnership status,

• gender reassignment.

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This protection applies from the application stage, not only after employment begins.

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2. Job advertisements

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Job adverts must not:

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• exclude certain groups,

• imply preferences based on protected characteristics,

• contain discriminatory language.

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Risky phrases include:

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✘ “young, dynamic team”

✘ “native speaker” (unless objectively justified)

✘ “female office worker”

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3. Interviews

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Interviewers must avoid questions about:

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• family plans,

• pregnancy,

• age,

• health (unless directly relevant to essential duties),

• ethnicity,

• sexual orientation,

• religion.

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Such questions can lead to discrimination claims even if the candidate is not hired.

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4. Documenting the recruitment process

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Employers should keep:

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• selection criteria,

• interview notes,

• reasons for choosing the successful candidate.

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Good documentation is essential if a claim arises.

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5. Employer liability

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Employers are legally responsible for the actions of:

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• managers,

• interviewers,

• anyone involved in recruitment.

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A single inappropriate comment can lead to a discrimination claim.

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6. How I help employers

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• drafting legally compliant job adverts,

• training managers on interview techniques,

• creating recruitment policies,

• advising on complex cases (e.g., candidates with disabilities),

• representing employers in discrimination disputes.