The Simply-Docs equal opportunities monitoring forms have been updated with
GDPR related changes and the addition of new sections on religion and
belief and sexual orientation.
There is no requirement for employers to monitor the diversity of
candidates at the application stage, shortlisting and appointment stage and
in respect of access to training activities. However, monitoring can be a
useful tool for employers in that it provides evidence as to whether or not
current recruitment or training practices are reaching the full range of
possible candidates/current employees. This may help employers defend
themselves against allegations of discriminatory practices and take
remedial action if necessary.
When using monitoring forms during the recruitment process, the monitoring
form should be kept separate from the application form in order to ensure
that those making shortlisting decisions are not influenced by the
information disclosed. It is also best practice in a small organisation is
to collect data in the monitoring process on an anonymous basis to ensure
that it is not identifiable.
Employers should ensure that the information requested during the
monitoring process is relevant to the aims of their equal opportunities
policy and that any personal information obtained is processed in
accordance with their data protection policy. The General Data Protection
Regulation (GDPR) requires employers to comply with principles for
processing personal data, including being transparent by providing
information to applicants/employees about the personal data that they hold
and how it is used and so the purpose of any monitoring should be clearly
identified. In relation to data collected as part of recruitment and
selection equal opportunities monitoring, this information will usually be
provided through a privacy notice at the outset of the recruitment process;
data collected as regards training activities will be provided through a
privacy notice at the start of employment.
The monitoring forms in the Simply-Docs Employment folder seek a job
applicant/employee’s consent to the processing of their data for equal
opportunities monitoring purposes. Generally, it is unusual for employers
to rely on consent as the legal basis for processing data under the GDPR as
consent can be refused or withdrawn. In this case, however, it is likely to
be appropriate as applicants and employees have a genuine choice about
whether or not to provide the monitoring information.
The contents of this Newsletter are for reference purposes only and do not constitute
legal advice. Independent legal advice should be sought in relation to any specific