Keeping your recruitment legal

By Lancashire Business View

06 Sep 2018

jame-gilbert-napthens.jpg
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.

Latest news

1

Rawtenstall Market to return home in 2027 Rawtenstall Market

Rawtenstall Market to return home in 2027

29 May 2026

2

Award-winning chef joins ambassador team Doug Crampton

Award-winning chef joins ambassador team

29 May 2026

3

FWP sports village plan gets the green light Cumberland Sports Village

FWP sports village plan gets the green light

28 May 2026

4

Omaze draw guarantees £1m boost for Eden Project Morecambe Eden Project Morecambe

Omaze draw guarantees £1m boost for Eden Project Morecambe

28 May 2026

5

Preston’s Park Hotel set for £70m transformation Heaton Groups Vision For The Former Park Hotel

Preston’s Park Hotel set for £70m transformation

27 May 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Building a high-performance culture
business workshop.png.png
LBV Hub Seminars
03 Jun 2026

Building a high-performance culture

Media Factory, University of Lancashire, Preston, PR1 2HE

09:30 - 11:30

Chamber Breakfast Networking – June
LBV Hub Networking
03 Jun 2026

Chamber Breakfast Networking – June

Pye Motors, Morecambe, LA3 3PE

08:00 - 10:00

Society1 Breakfast Social and Coworking Day
Breakfast Social June Facebook.png.png
LBV Hub Networking
04 Jun 2026

Society1 Breakfast Social and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Yellow Day 2026
LBV Hub Fundraisers
07 Jun 2026

Yellow Day 2026

St Catherine's Hospice, Preston, pr55xu

11:00 - 16:00

Opening doors and opportunity for Tech in Preston
PTC Square June (900 x 900 px)-2.png.png
LBV Hub Networking
09 Jun 2026

Opening doors and opportunity for Tech in Preston

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Clubhouse Business Network sponsored by Orca Finance - June 2026
Padel Network.png.png
LBV Hub Networking
11 Jun 2026

Clubhouse Business Network sponsored by Orca Finance - June 2026

Clubhouse , Blackburn, BB1 3NT

14:00 - 16:00

The Business Network Central and East Lancashire
LBV Header (33).png.png
LBV Hub Networking
18 Jun 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Chamber Business Lunch
LBV Hub Networking
19 Jun 2026

Chamber Business Lunch

Lancaster House Hotel, Lancaster, LA1 4GL

11:00 - 14:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin