Guide index - HR employment law and your business


Unless you are fully aware of the Equality Act and the importance of not discriminating during the recruitment process, it will be fraught with hidden dangers from the moment you compose your job advertisement.

It is unlawful to discriminate during the recruitment process on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, or membership (or non-membership) of a trade union.

Employers must not ask questions about health or disability during the recruitment process until a job offer has been made, except in certain specific cases.

However, employers must be prepared to make “reasonable adjustments” to accommodate people with disabilities during recruitment.

Job applicants may be able to make a claim against you to an Employment Tribunal, even though they have not worked for you, if they believe they weren't selected for a particular job during the recruitment process as a result of discrimination.

Entitlement to work in the UK

It is important for employers to make stringent checks that potential employees are entitled to work in the UK.

Employers can face the imposition of civil penalties of up to £20,000 per illegal worker, as well as any fines or imprisonment resulting from prosecution.