Outsourced HR support - Client Q&A

Q: Are my job advertisements legal?

A: Take care to ensure that job advertisements are not directly or indirectly discriminatory.  Discrimination occurs when a requirement excludes or discourages certain groups from applying.

Protected groups include men, women, married individuals, pregnant women and people undergoing gender reassignment (under the sex discrimination legislation).  Race discrimination legislation protects people from discrimination on grounds of race, colour, ethnic origin and nationality.  There is also protection from discrimination on the grounds of or related to disability.  More recent protection is in place from discrimination on the grounds of age, sexual orientation and religion and belief.

Specifying that a woman is required for a position (eg advertising for a waitress) would result in sex discrimination.  Requiring a candidate to be “energetic” could potentially discriminate against disabled applicants or on the grounds of age and a condition that people should “fit in” could discriminate in a variety of ways, including on the grounds of race, sex, sexual orientation or disability.

It is useful to emphasise, usually at the bottom of the advertisement, that your organisation is an equal opportunities employer and that the position is open to all candidates regardless of age, gender, ethnicity or disability.  Or simply state that applications from all sections of the community are welcome.  This has the advantage not only of making sure that no category of applicant is omitted, but also of taking an inclusive approach, rather than tacitly emphasising differences by listing out separate groups.

Cognisis provide expert consulting services which combine applied occupational psychology with commercially focused HR solutions.