This section covers inclusive job advertising, accessible applications, fair interviewing, and objective selection and offer management, helping employers avoid bias and maintain transparency throughout the hiring process.
Subject to the provisions of the Equality Act 2010 and best practice related to EDI (Equality, Diversity & Inclusivity) in the workplace, it is vital that recruitment, and associated processes, meet both legal and best practice requirements.
Please use this checklist to ensure fairness, compliance, and inclusivity throughout your recruitment process.
Job Advertisement
A job advertisement is your opportunity to sell the role and your company as an employer to the labour market.
However, there are both conscious and unconscious mistakes hiring organisations make when creating job advertisements which can cause you to directly or indirectly discriminate against candidates.
- Does your job advertisement include inclusive language? (e.g. avoid phrases and wording such as “we want a young team”, “energetic”, “recent graduate” or gender specific language such as “handyman”)
- Are you advertising your role as being suitable for candidates who have x years of experience and above? If yes, what is the justifiable reason for this? In principle, this enforces age discrimination; however, some roles such as legal roles requiring x years of PQE (Post Qualification Experience) can be required dependent on client and service contracts, etc.
- Does your job advertisement include an EDI statement? If no, include your company’s standard EDI statement or create one and include.
- Is the role being advertised at rates on or above the National Minimum Wage and/or National Living Wage? And if you are paying National Minimum Wage and/or National Living Wage subject to the age tiers provided by the government, are you referring to these in the job advertisement?
- In most instances, roles cannot be advertised as being suitable for one gender of worker only. However, subject to Schedule 9 of the Equality Act 2010, you can justify a role being an exception due to “occupational requirements” of the role – this can apply to specific care role, for example. If you believe your role falls into this category, can you:
- Justify and evidence this is an occupational requirement: Does the nature or context of the role make it essential for the job to be carried out by a man or a woman?
- Justify and evidence the requirement is proportionate: Does the role being carried out by a man or a woman only achieve a legitimate aim? (ie. Privacy, decency)
*If yes, to the above, ensure you have proof that the role is suitable to be advertised as being suitable for one gender of worker only. If no, do not advertise the role as such.
Job Advertising
Choosing where to advertise your role can directly impact your reach into the labour market.
You can directly or indirectly discriminate candidates dependent on the decisions you make.
- If you are advertising your role outside of your company careers site (if you have one), are you advertising on diversity-related job boards? Many of these job boards are free.
- Are any of the job boards you are using demographic specific? Is there a justifiable reason for this? (ie. Advertising graduate schemes on graduate specific portals)
- If you have a careers site, is this compliant with Web Accessibility Guidance (WCAG 2.0)?
- If you are using social media for advertising, are you targeting this to specific demographics? If yes, is there a legitimate reason for this that would stand scrutiny against the provisions of the Equality Act 2010? (example: Advertising a female-only carer role to females only subject to the requirements of Schedule 9 of the Equality Act 2010)
Job Applications
Job applications should be accessible in both digital and paper form.
The job application form is part of the candidate journey and is to collect information to help you decide whether you invite the candidate to an interview – it should not exclude candidates from completing their application, unless the role is subject to particular conditions.
(ie. Some roles cannot be filled by candidates with unspent criminal convictions, subject to The Rehabilitation of Offenders Act 1975)
- If you are making any questions mandatory to be answered, is there a justifiable reason for this? (Example: Asking a mandatory question for contact details is justifiable, asking for a candidate’s religion as a mandatory question is often not justifiable; exceptions can include organised-religion specific roles or roles in Northern Ireland)
- Do you have digital and/or written applications for candidates to complete to accommodate for different requirements relating to accessibility needs? (ie. Adjustable text sizes for candidates who may be visually impaired, contrast capability on website-based applications to support candidates who may be colourblind, etc.)
- Have you asked whether the candidate requires any reasonable adjustments to be made for the interview/assessment process and employment, should they be successful? (ie. Colour contrast screens for specific visual impairments, etc.)
Interviewing
Interviews are to assess whether a candidate is suitable for a role and give the candidate an opportunity to find out more about the role and the hiring organisation.
Interviews should be role suitability focused.
- When booking the interview, did you reconfirm whether any reasonable adjustments to the interview process and/or format are required? (Ie. Ensuring an interview space or room is wheelchair accessible, modifying assessment procedures, etc. Make sure these requirements have been met in advance of the interview)
- Make sure that two or more people attend an interview, even if one is just a notetaker – if you only have availability for one interviewer, notes taken must be of a level of detail that evidences decision making regarding decision on hiring
- Are your interview questions related to the role and the requirements of the role (including experience?) (NB. Asking questions such as “tell us about you” or “do you have any hobbies” are fine to help build rapport and find out more about the person, but should not be scored – scored questions should be related to suitability for the role only)
- Make sure no questions are asked relating to characteristics protected by the Equality Act 2010 (ie. Are you planning on having children? When are you planning on retiring? etc.)
- Make sure you have a scoring matrix which is directly relevant to the questions asked in the interview and requirements of the role
Selection & Offer
Selection processes should be fair and equitable, and focused on a candidate’s suitability for a role.
Candidates must be able to understand why they were or were not offered a role subject to the content of the interview or assessment process.
Selection processes must be objective.
- Are you basing hiring decisions on skills, experience, and suitability to fulfil the requirements of the role?
- Make sure you are not rejecting a candidate based on a protected characteristic (ie. Rejecting a candidate who is gay because you think that doesn’t make them a cultural fit/Rejecting a candidate who is disabled because you think they will be off sick regularly)
- Make sure you are offering the same pay and conditions to all candidates for the same role (NB: Some roles may have discretion/pay bandings where different candidates can be paid differently dependent on their experience and/or what they negotiate at offer – ensure your reasons for any discrepancies are justifiable or replicable: for example, if one candidate is offered hybrid working then all candidates in the same role must be)
- Make sure you and no-one in the hiring decision process has looked up a candidate’s social media profiles or Employment Tribunal history (unless a requirement of candidate screening, such as for particular government or emergency services roles)
- Are you treating candidates who are carers for elderly, disabled and/or suffering from illnesses (such as cancer) unfairly?
- Do you have a written and/or recorded copy of the interview? It is imperative you do and you are able to physically or digitally store these documents for a minimum of 6 months should your decision be challenged
- Do you have a scoring matrix for the interview to help finalise decision making regarding hiring? If no, it is imperative you have a scoring matrix in place
- You must let candidates know whether they have been rejected and be prepared to explain, evidence and justify the reasons why
- If candidates turn down your job offer or are rejected, make sure to ask them via email (this can be automated), in person, via SMS or via telephone whether they are happy to remain in your HR/Applicant Tracking System (subject to GDPR requirements)
Download the information on this page here: Checklist Preventing Discrimination In Recruitment