Updates

June 2019

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for employers to rely on consent as the legal basis for processing data under the GDPR as consent can be refused or withdrawn.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 legal matter.

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