Welcome to Simply-Docs

Discriminatory Selection

It is unlawful to discriminate because of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation when selecting candidates for employment. Selection criteria and questions in application forms and interviews should not discriminate directly (eg. deliberately excluding persons of either sex, persons from an ethnic minority) or indirectly.

It is unlawful to discriminate against a disabled person in arrangements for determining who should be offered employment or by refusing to offer employment. In addition, before offering work an employer must not ask about a candidate's health, including whether the candidate is disabled (for example in an application form), except for the limited purposes allowed by section 60 of the Equality Act 2010, such as deciding whether reasonable adjustments are needed for an interview or other assessment, or monitoring diversity. Further it may be necessary for an employer (in accordance with their obligations under the Equality Act 2010) to make reasonable adjustments to facilitate a disabled person's attendance at an interview.

Indirect discrimination may arise from setting selection criteria or tests which favour, or put at a disadvantage, a particular age, sex, race etc. For instance, a useful yardstick is not to ask questions of a woman, young person or member of a particular ethnic group that you would not have otherwise asked.

Aggrieved applicants can seek compensation from employment tribunals. There are, however, limited specified exceptions known as genuine occupational requirements (GORs) under which an employer is justified in limiting that job to someone of a particular age, race, sex etc. The Equality and Human Rights Commission (EHRC) publishes guidance which stipulates best practice in this area. It also has statutory powers to investigate and conduct inquiries and assessments into aspects of equality and human rights and make recommendations for change.

A trade union member or non-member refused employment or deterred from accepting the post on the grounds of such status may also complain to an Employment Tribunal within six months of the conduct (three months where the conduct occurred before 1 October 2026), and compensation and other redress may be ordered.

As to ex-offenders, they have rights to refuse to answer questions about spent offences and such offences should not be taken into account in job selection. Positions for accountants, lawyers, medical professionals and teachers are excluded.

Simply-4-Business Ltd Registered in England and Wales No. 4868909, 20 Mortlake High Street, Mortlake, London SW14 8JN

Top