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Job advertising and the law: a Peninsula master-class

Press release April 4, 2011 Business

Peninsula Managing Director Peter Done explains how businesses can ensure their job advertising and recruitment is not discriminatory and is compliant with employment law.

The recruitment process can be fraught with danger for businesses, due to the numerous aspects of employers law relating to it. As early as the job advertising stage, people in the UK can claim they have been discriminated against on the grounds of religious belief, sexual orientation, gender reassignment, age or disability.

To help your business avoid an employment tribunal and the need for legal representation, Peninsula's managing director Peter Done has the following advice.

Before beginning the recruitment process, it is essential that employers have a strong sense of what they are looking for. What is the most economical way of hiring? Does this provide an opportunity to restructure the company or address issues with working methods?

Next comes the personnel specification. In some cases, employers can define the attributes necessary for the role; for example, minimum eyesight requirements for airline pilots are in place because they simply could not do the job otherwise. However, if a requirement is not essential for fulfilling the role, it could be considered indirect discrimination.

Equality protocols in employment law also mean job advertisements must be worded carefully so as to avoid any discriminatory language. As a case in point, the job title should be non-gender-specific, such as 'Waiter/Waitress', or 'Manager'.

Spending time making your job advert as clear and precise as possible will not only ensure it is legally compliant, but also help you to attract the most relevant applicants.

For further information on this, or any other employment law or health & safety matter, please call our specialist advisors FOR FREE on 0800 328 9348 and they will be happy to help.

If you are a member of the media and need any further assistance, would like to discuss case studies for a particular feature, or be added to our media contact list, feel free to contact Sammual-James McLoughlin, head of media, press and public relations at Peninsula, on 0161 827 8511, 07966 112 082 or [email protected].