Discrimination in the workplace is a serious issue that can have damaging effects on both employees and employers. It is essential for businesses to understand their legal obligations and take proactive measures to avoid discrimination during the recruitment process ...
Businesses should educate themselves and their staff on diversity and inclusion!
One key area where discrimination can occur is in the job advertisement itself. The language and requirements used in the job advert can unintentionally exclude certain groups of people, leading to discrimination claims.
"This happened in the recent employment tribunal case of Ramos v Lady Coco Ltd t/a Shamela's Fresh Hot and Cold Food [2023]!"
In this case, a Glasgow-based employer was looking for female employees for their takeaway business. A London-based male, who had worked as an interpreter and legal adviser, took offence to the job advert and brought a claim for sex discrimination.
However, the tribunal found that he did not have a genuine intention to apply for the role and therefore, the employer was not guilty of discrimination. This case highlights the importance of being careful with the language used in job adverts.
This case proves that employers must understand the Equality Act 2010. This legislation prohibits discrimination on the basis of protected characteristics such as age, race, gender, disability, and sexual orientation. It is illegal to discriminate against someone during any stage of the recruitment process, including job adverts, application forms, and interviews.
When creating a job advert, it is essential to use inclusive language that does not exclude any particular group of people. Avoid using gender-specific pronouns and focus on the skills and qualifications required for the role. For example, instead of saying "female driver needed", simply use "driver needed".
"Small changes like this can make a significant impact and attract a more diverse pool of applicants!"
It is also important to ensure that the requirements for the role are genuinely necessary and not discriminatory. For instance, if the job requires a certain level of physical fitness, make sure it is relevant to the job and not just a way to exclude individuals with disabilities. Employers should also avoid specifying a particular age range unless it is a genuine occupational requirement.
Another crucial aspect of avoiding discrimination during recruitment is having a fair and unbiased selection process. This includes having diverse interview panels and avoiding any personal biases that may influence the hiring decision. Employers should have clear criteria for evaluating candidates and use structured interviews to ensure consistency.
In addition to following these best practices, it is also essential for employers to educate themselves and their staff on diversity and inclusion. This can help create a more inclusive workplace culture and prevent discrimination from occurring in the first place.
Providing training on unconscious bias and diversity can also help employees understand the importance of inclusive hiring practices!
Discrimination during recruitment can have severe consequences for any business as the tribunal case above showed. Employers must be proactive in creating job adverts that are inclusive, and avoid any discriminatory language or requirements.
They should also have a fair and unbiased selection process and educate themselves and their staff on diversity and inclusion. By following these best practices, employers can create a more diverse and inclusive workplace.
And that helps you avoid costly discrimination claims.
Until next time ...
ROGER EDDOWES Business Godparent
Would you like to know more?
If anything I've written in this blog post resonates with you and you'd like to discover more about diversity in recruitment, it may be a great idea to call me on 01908 774320 and let's see how I can help.
Don't forget to stay updated with our daily social media posts on Facebook.
Roger trained at Edward Thomas Peirson & Sons in Market Harborough before working at Hartwell & Co, followed by Chancery, as a partner. He started Essendon Accounts and Tax with Helen Beaumont in 2014 as a general practitioner with a hands-on approach.
Roger loves getting his hands dirty, working with emerging, small-to-medium and family businesses to ensure they receive the best possible accountancy advice. Roger utilises an extensive network of business contacts to leverage the best guidance and practical solutions.
No unauthorised use, duplication, distribution or modification to any original content contained within this blog is permitted without prior written permission of the author. All other trademarks and registered names are acknowledged.
