03.02.2020

Recruit with caution and don’t discriminate

At the beginning of a new year, businesses across a range of sectors are always looking to expand their existing service offering and secure new talent.

Within the first few months, businesses will have added new personnel to the team, as they feel motivated for the months ahead and eager to capitalise on the progress made in previous years.

Although businesses will have had plenty of experience running through the recruitment process with previous candidates, there are still some key areas that organisations must be aware of to avoid issues later down the line.

Don’t discriminate

One of the most common issues businesses face during the recruitment process are potential claims of discrimination, as aggrieved applicants feel they have been unfairly treated.

The general principles of discrimination and recruitment are that an employer must not discriminate against a person when deciding who they want to hire. The same rules apply to the terms on which they offer or don’t offer a candidate employment.

In addition, an employer must not harass an individual who has applied for employment, maintaining a professional relationship throughout the process.

Discrimination can also apply to the job advertisement, for example adverts that appeal for a specific gender are deemed inappropriate, unless the employer can prove that it’s an ‘occupational requirement’

Keeping a paper trail

Although applicants would not have the qualifying service to bring claims against employers, they will still be able to pursue an organisation if they believe they have been discriminated against.

Therefore, it’s crucial that businesses take clear steps towards protecting their reputation by keeping a detailed record of events that can be used as evidence if needed.

Maintaining good practice and keeping a paper trail are two of the most effective ways to protect the organisation, as these will prove an employer has taken all the necessary steps to prevent unlawful discrimination or harassment.

Documentation that shows staff involved in the process have received training on the employer’s equality process must also be included.

Data protection

With the introduction of GDPR, employers must be careful with how they use the information they receive from applicants.

All information and data must be processed and stored appropriately, ensuring the candidate is aware of how it is being used and deleting or removing information upon request from the individual.

The ICO will be revising the employment practices code in light of GDPR, so employers should be aware of any future developments that may occur.

However, in the meantime organisations should treat all sensitive information with care, ensuring it is secure and protected from any potential leaks or incoming cyber-attacks.

Remain mindful of the risks…

Although the recruitment process is an indication of growth and success on behalf of the organisation, it’s still important to exercise caution before engaging potential candidates.

It’s always best to remain cautious about potential discrimination claims and ensure that those who are undertaking the recruitment process have been trained and are aware of the risks that apply.

If you’re looking to recruit and are unsure of any of the issues outlined, then contact an experienced team of employment lawyers and navigate the process professionally.

Tina Chander is a partner and head of the Employment team at leading Midlands law firm, Wright Hassall and deals with contentious and non-contentious employment law issues. She acts for employers of all sizes from small businesses to large national and international businesses, advising in connection with all aspects of employment tribunal proceedings and appeals.

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