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

Red Rose Awards winners gather to celebrate Lancashire business Red Rose Awards Winners Reception

Red Rose Awards winners gather to celebrate Lancashire business

21 May 2026

2

Funding boost set to strengthen construction training pipeline isa O’Loughlin, principal and chief executive of East Lancashire Learning Group

Funding boost set to strengthen construction training pipeline

21 May 2026

3

Victorian Plumbing feeling flush after announcing record performance Victorian Plumbing staff

Victorian Plumbing feeling flush after announcing record performance

19 May 2026

4

GCAP ‘set for £6bn funding boost’ Tempest new

GCAP ‘set for £6bn funding boost’

19 May 2026

5

Anti-drone weapon tested in Lancashire is deployed on Middle East Operations BAE Systems tests

Anti-drone weapon tested in Lancashire is deployed on Middle East Operations

19 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

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

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

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