A considered and well thought-out approach is needed when creating a recruitment policy, rather than trying to tackle issues on an ad hoc basis (and is less likely to result in a successful tribunal claim). Employers need to identify their needs and objectives to recruit the best person for the job. However, as with most other areas of employment law, the employer is at risk if it gets the process wrong.
The usual stages in the recruitment process are:
Selection and interview
Offer and appointment.
However, when formulating a policy in respect of recruitment an employer must:
Look at the skills and qualifications necessary for an individual to be able to do the job
Avoid discriminatory language or implications
According to sex discrimination and race relations legislation, it is generally unlawful to publish or cause to be published any advert that indicates, or might reasonably be understood to indicate, an intention to discriminate against applicants from a particular racial group or sex.
'Advertisement' is widely defined and covers public or private notices – whether published in newspapers, on the radio or television, or by distributing circulars or catalogues.
Care must be taken with the wording of an advert. Gender neutral language should be used. If a job title denotes a specific gender, then it should state that applications will be welcome from either sex.
Nothing within an advert – graphics, style or expression – should indicate a predisposition to employ a specific gender or race.
It is good practice to include an equal opportunities statement within a job advert encouraging applications from all sections of the community.
Records should be kept of th