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 is a key source of guidance on 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 and courts when deciding claims.