Recruitment

This subtopic provides guidance to employers on all aspects of the recruitment process.

See the Recruitment process—flowchart and Recruitment—best practice—checklist for an overview of the steps to take and issues to consider when recruiting an employee. See also Precedent: Letter—advice to employer client on recruitment process.

It is important that anyone involved in recruitment is aware of the principles of good practice, particularly in relation to discrimination and data protection.

It is unlawful for an employer to discriminate against a person:

  1. in the arrangements the employer makes for deciding to whom to offer employment, or

  2. as to the terms on which the employer offers a person employment, or

  3. by not offering a person employment

The EHRC Employment Statutory Code of Practice, which came into force on 6 April 2011 under section 14 of the Equality Act 2010 (EqA 2010), covers discrimination in employment and work-related activities, including in recruitment (see Chapter 16). While the Code is not legally binding, it can be used in evidence in legal proceedings brought under EqA 2010, and must be taken into account by tribunals

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Employment News

Home Office revises all principal Sponsor Guidance documents

On 6 March 2026 the Home Office brought into force version 03/26 of the principal sponsor guidance documents within the ‘Workers and Temporary Workers: guidance for sponsors’ collection, together with consequential amendments to the route-specific guidance for Skilled Workers. The changes affect Part 1: Apply for a licence, Part 2: Sponsor a worker, Part 3 (compliance and enforcement), Appendix D (record-keeping guidance) and the ‘Sponsor a Skilled Worker’ guidance, and also see the introduction of a new standalone and expanded Glossary. There is now extensive cross-referencing across all documents to that centralised source of definitions. Across the suite of guidance, the concept of a ‘genuine vacancy’ or ‘genuine employment’ has been removed and replaced with the newly defined term ‘eligible role’. This definition, now embedded in the Glossary and incorporated expressly into the other guidance documents, requires that the role must exist or be reasonably anticipated, meet all route-specific requirements including skill level and salary thresholds, comply with wider employment legislation and remain appropriate to the sponsor’s business throughout the period of sponsorship. References to assessing whether a vacancy is ‘genuine’ have been systematically replaced with consideration of whether the work meets the definition of an ‘eligible role’ and refusal, suspension and revocation provisions have been redrafted accordingly.  Other changes include Parts 1 and 3 now making explicit that sponsorship is voluntary, that a licence is granted at the discretion of the Home Office and creates no enforceable right and now stating that enforcement action may be taken on the basis of ‘reasonable suspicion’ of non-compliance rather than established breach. Further details of the changes will follow.

View Employment by content type :

Popular documents