Advertising and other recruitment methods
Advertising and other recruitment methods

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Advertising and other recruitment methods
  • Discrimination in recruitment
  • Auto-enrolment rights
  • Methods of recruitment
  • Internal recruitment
  • Advertising
  • EHRC guidance on advertising
  • Content of the advertisement
  • Contractual status of the advertisement
  • Using a recruitment agency
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

Whether an organisation has a dedicated personnel or HR team, or devolves recruitment responsibilities to line managers and supervisors, it is important that anyone involved in recruitment is aware of the principles of good practice, particularly in relation to discrimination and data protection.

Discrimination in recruitment

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

There is no specific prohibition regarding discriminatory job advertisements under the Equality Act 2010 (EqA 2010). However, if an employer publishes an advertisement which might reasonably be understood as indicating an intention to discriminate because of a protected characteristic (see: Protected characteristics—overview), this will nonetheless go to show direct discrimination (see Practice Note: Direct

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