Keeping your recruitment legal

There is no single Act governing recruitment and selection; however the Equality Act 2010 prevents an employer from discriminating against a job candidate in various circumstances including disability, sex and marriage or civil partnerships.

By James Gilbert, employment law adviser, Napthens Solicitors

Employers can face a potentially uncomfortable situation if an unsuccessful candidate asks why they were not selected for the role when they had both the required qualifications and experience.

Disclosure of a successful applicant’s details does not have to be provided upon request. There is no obligation to disclose such information, however case law has established that refusal to disclose this information may be held against an employer in subsequent proceedings as evidence of discrimination.

If a request is made, an employer will need to consider carefully whether or not to disclose the details. In turn, this will require the employer to justify why they did not select the unsuccessful applicant making the request.

Having an equal opportunities policy stating that applicants will be selected purely on merit is essential. If an employer can point to a workforce that is diverse in all respects of age, race, gender and so on it will make it more likely to be able to defeat this type of claim if one arises. In my experience most employers are well aware of their role and responsibility when it comes to job interviews - but mistakes can and do happen. If in any doubt seek specialist legal advice.