In part one we discussed how to remove discrimination when creating job specs and adverts, if you missed this instalment then click here to view the guide.
In this part we’ll be addressing protected characteristics and forms of discrimination to arm you with the information you need to ensure that you stay on the right side of the law when recruiting.
The Equality Act provides protection for each of the strands of unlawful discrimination which were previously dealt with under separate Acts and Regulations. These are now referred to as protected characteristics.
There are nine protected characteristics in total:
• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation
Discrimination can come in one of the following forms:
An employer directly discriminates against a candidate or employee if because of a protected characteristic (e.g. age), it treats the person less favourably than it treats or would treat someone else.
Treating someone less favourably means treating them badly in comparison to others.
Direct discrimination can arise even though the person who is complaining of discrimination does not have the protected characteristic (e.g. age). It is only necessary for the person to show that they have been treated badly in comparison to others because of a protected characteristic (e.g. age).
Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) to everyone but this results in people who have a protected characteristic (e.g. disability), being placed at a disadvantage in comparison to people who do not have the protected characteristic. If the employer can objectively justify the application of the PCP this will not amount to discrimination.
The 2010 Equality Act also protects candidates, employees and workers if their friends or family members have a protected characteristic and can prove unfair treatment because of that. This is called discrimination by association. For example, if an employee being discriminated against because of their son or daughter’s sexuality.
You must not ask candidates about ‘protected characteristics’ or whether they:
You can only ask about health or disability if:
You might be breaking the law if any discrimination happens during their recruitment process, even if you use a recruitment agency.
Asking for a date of birth
You can only ask for someone’s date of birth on an application form if they must be a certain age to do the job, eg selling alcohol.
You can ask someone their date of birth on a separate equality monitoring form. You shouldn’t let the person selecting or interviewing candidates see this form.
You can choose a candidate who has a protected characteristic over one who doesn’t if they’re both suitable for the job and you think that people with that characteristic:
When a disabled person and a non-disabled person both meet the job requirements, you can treat the disabled person more favourably.
We hope this blog has been useful. If you want more support for your recruitment activity, get in touch 01782 338787. Or check out our Hiring Resources.