The law relating to recruitment

Job description A job description is an important document for a number of reasons; not only does it give you the chance to really focus on what duties are applicable to a specific role, it can also prevent disputes arising at a later stage as the employee will understand exactly what was expected from them. It also acts as a useful way to demonstrate that you are following a fair and non-discriminatory process. A job description should be objective, identify the main purpose of the job and set out the specific tasks of the role. You should avoid making assumptions as to how the role needs to be completed. For example, do not state that the role must be completed on a full-time basis if, in reality, it would be suited to part-time working or job-sharing. A person specification is slightly different. This should identify the skills, qualifications, experience and qualities you think the person carrying out the role should have. As an employer, this is where you should think about what you would like the successful candidate, to have - for example, a certain level of qualification or experience of a particular type of work. Although this may seem straightforward, in reality this is commonly where businesses fall foul of discrimination laws. For example, stating that any applicant must have a degree and five years’ experience is likely to be age discrimination. This is because any applicant who graduated less than five years ago, and so is likely to be younger than any applicant who graduated more than five years ago, is not going to be interviewed for the role. Advertising Which method you choose may ultimately depend on the costs involved. However, the methods that are likely to cost less, i.e. relying on word of mouth and internal recruitment, increase the risk of an indirect discrimination claim being pursued as you may find you have a very narrow group of potential applicants. When preparing the wording of the advertisement, be careful not to use language that may be discriminatory. It is worth remembering that language can often be interpreted differently by different people. You may say ‘mature’ but that may discourage younger people from applying and could seem discriminatory. If you use a recruitment agency, you should ensure that your instructions to the agency are clear and non-discriminatory because you are still liable for the agency’s actions. Applications Most employers require applicants to complete an application form or submit their CV for consideration. Again, you should be mindful of inadvertent discrimination. For example, you should be prepared to provide forms in accessible formats (for example, large print) if an applicant asks. You should try to ensure that you apply a consistent and objective approach when considering each application. It is recommended that, where possible, more than one person should be involved in considering applications to reduce the chances of discrimination arising. An objective assessment should be made based on the applicant’s CV or application form, with the same criteria being applied in respect of each application, for example awarding a point for each criterion the applicant meets with those applicants who score the highest marks being invited for interview. Lindsay Connolly is an associate in employment law at law firm Eversheds LLP.