Equalities considerations must be exercised from the beginning of the recruitment process as rights and obligations arise even at application stage.
You will therefore find equalities considerations contained within the various guidances to different stages of the process, including writing the job description and person specification. shortlisting and interviewing.
For ease of reference, some of those considerations are duplicated here:
EQUALITIES LEGISLATION
This is a complex area and you are advised, if you have specific concerns, to talk to HR. However, provided you make objectively justified decisions that are relevant to the role our process (see Process Map) builds in some protections against unwittingly contravening equalities legislation.
Firstly you will see on the Process Map that you are required to notify HR once you have completed your proposed Job Description and Person Specification. You will therefore be advised at this stage if you need to make any changes.
Secondly when you are at short listing stage you will be passed a set of applications that detail their applications in direct response to our job requirements (i.e. no CVs allowed); referenced purely by a number. Once you have shortlisted you will then be passed contact details and notification of any candidates claiming disabilities. We subscribe to the two tick disability kite mark meaning that if any candidate meets the essential criteria and has a disability he/she must be invited to interview. However, that is not the same as saying any candidate with a disability must be invited to interview – he/she should always meet the essential criteria. You are assisted in not being influenced by this as you will not know factors such as this when you draw up your shortlist. This is the reason why it is preferable not to have desirable characteristics as it may complicate the situation.
Thirdly, to prepare for interview stage you will need to investigate any reasonable adjustments for a candidate who has notified you of a disability (this might be dates/times of interview, access to the building, or additional time or equipment to undertake tests).
During the interview itself, you are reminded that you should not ask any general questions relating to an applicant’s health, absences, or medical suitability for the role. This is to protect you as if you subsequently do not offer the role the candidate may claim that you used this information to discriminate against them. However, if the job requirement is based on (for e.g. heavy lifting), such that this is an intrinsic part of the job, you may ask specific questions about how the candidate would do this and whether there are any reasonable adjustments that you could make that would enable them to fulfil this part of the role. This is a balancing exercise, but in many cases based on common sense. You will need to plan these questions carefully and if you think they are going to be relevant ask HR for advice on how best to do this.
The following sets out a brief overview of the relevant legislation so far as it relates to a recruitment exercise.
Equalities Act 2010
The Equalities Act brings together the previous sex and race discrimination legislation, giving protection from unlawful discrimination on the basis of one or more of these protected characteristics. Unlawful discrimination can arise at any stage of the employment relationship at recruitment stage (including job advertising), during employment, and at termination of employment. Employment is defined widely to include not only just established employees, but workers and self employed contractors too. The protected characteristics are:
· Age
· Disability
· Gender reassignment
· Marriage and civil partnership
· Pregnancy and maternity
· Race
· Religion of belief
· Sex
· Sexual orientation
Prohibited conduct includes direct discrimination, indirect discrimination and discrimination arising from a disability. Direct discrimination occurs where a person is treated less favourably than others would be in the same circumstances on grounds of any of the protected characteristics. Indirect discriminations may occur if a requirement or condition is applied which adversely affects one racial or sex group more than another and cannot be justified.
In addition the Equality Act consolidates the equal pay protection first given to women under the Equal Pay Act 1970. The Act provides for the right of a woman doing equal work to that of a man (rated as equivalent or of equal value) to equality in pay and other terms and conditions.
The Rehabilitation of Offenders Act 1974
This Act provides that if a convicted person completes a specified period without being convicted of further offences; the conviction can be regarded as ‘spent’. These sentences then do not have to be revealed and may not be used as grounds for exclusion from employment or promotion. Certain occupations, such as employees caring for vulnerable people, are exempt from the provisions of the Act.
There are legal protections to ensure that ex-offenders are not necessarily excluded from being employed. All applications for job vacancies will therefore need to be considered on their merits i.e. skills, knowledge and experience matched to the criteria as outlined in the job description and person specification. Criminal Record Disclosure is only requested after full assessment has indicated that the requirement is both proportionate and relevant to the position concerned.
As stated this is a brief overview only and is subject to constant change through caselaw. If in doubt speak to HR.
Employment of Under 18 workers (including work experience students)
There are different laws for workers if they are under 18. These also need consideration for work experience students. Please see the two sources below for further information. Contact HR if you require advice.
Health and Safety Executive Guidance