Top Tips for Recruiting Fairly & Securely

Throughout the recruitment process, there may be potential pitfalls that employers need to avoid, which can be done by following best practice at each stage. The following practical guidance will help employers recruit fairly and securely.

1. Prepare a job description & person specification

HR departments should regularly review job descriptions and person specifications to ensure they are accurate, current and non-discriminatory. Job descriptions should use plain language, include appropriate job titles, describe the job clearly, and focus on outcomes. Employers should also consider flexible working arrangements as this can expand the pool of applicants. The person specification should only include criteria that is required for the job. One of the best ways of avoiding discrimination claims is by ensuring that any necessary or desirable criteria can be justified for the particular job in question.

2. Advertise the vacancy

All forms of job advertisements are covered by the Equality Act 2010. The Equality and Human Rights Commission (EHRC) Code states that employers must not discriminate when advertising or by not advertising a job, or through the content of the job advertisement. It should be made clear that the organisation is committed to inclusion and diversity. It is important to advertise via various platforms to attract a wide range of candidates and provide contact points for those with questions about the recruitment process. Employers should state that adjustments are available throughout the application and interview stages to accommodate candidates’ needs.

3. Shortlist and select

When shortlisting, it is good practice to involve more than one person to minimise subjective decisions and reduce unconscious bias. The panel should agree on how to assess candidates, including setting minimum scores and deciding how many candidates to interview. The selection process, whether it involves interviews, tests or assessment centres, should be designed to ensure no candidate is disadvantaged due to a protected characteristic. For example, where the dates or times coincide with religious festivals or observance, or where they fail to take account of dietary needs or cultural norms.

4. Make an offer of employment / withdraw an offer

Employers should clarify whether the offer letter will constitute part or all of the contractual terms. If a separate employment contract is provided later the offer may be ‘subject to contract’ meaning the formal employment contract will take precedence. If an offer is withdrawn, employers must document reasons and ensure they are based on clear, non-discriminatory factors. In the case of Ngole v Touchstone Leeds, a job offer was withdrawn after the applicant made homophobic posts on social media. The tribunal ruled this decision was disproportionate and discriminatory as the applicant should have been given an opportunity to give assurances to the employer about his suitability for the role before the offer was revoked.

5. Induct the new employee

The induction process ensures new employees understand company policies, procedures and expectations. It should include confirmation of essential paperwork, health and safety training, diversity equity & inclusion training, anti-bullying & harassment training and job specific training. Employees should also be informed of the probationary period and given clear guidance on raising serious concerns such as through whistleblowing channels. Records of training attendance should be kept for compliance purposes.

Comment

Employers must understand their legal obligations during recruitment to avoid discrimination and ensure a fair process is followed. This can be achieved by providing appropriate training and creating sound and inclusive hiring practices. Keeping clear records is also vital as they may justify any hiring decisions should legal challenges arise. Ultimately, a fair recruitment process ensures candidates are selected based on merit and that the workforce possesses the skills and values required for organisational success.

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