Applying for jobs






Job adverts: It is unlawful to advertise a job stating that the successful candidate must be of one sex, race, or any other protected characteristic. The only exception is a genuine occupational requirement for a person to have (or not have) a protected characteristic, for example, the need for an female actor to play a female role (Part 1 of Schedule 9, EA 10). Age discrimination in job adverts is unlawful unless it can be justified. It is not always unlawful to include a preferred age band in a job advert, but most employers do not do this as it suggests age discrimination. 





The Equality and Human Rights Commission (EHRC) Code of Practice contains guidance on non-discriminatory recruitment practices.




Immigration checks: It is against the law to employ individuals who have no right to work in the UK (See Chapter 3, page 67). Employers must carry out immigration checks in a non-discriminatory way, checking everyone, rather than making assumptions about nationality or immigration status. Employers must also guard against discriminatory decisions about existing staff, for example, overlooking someone for promotion because of concerns over their future immigration status. See also Chapter 10, page 352. There is a statutory Code of Practice, Avoiding unlawful discrimination while preventing illegal working. 



Pre-employment health checks: Under section 60, EA 10, an employer must not ask about a job applicant’s health, including any disability or a candidate’s sickness absence record, before offering employment. The ban covers organisations like recruitment agencies who ask questions on behalf of the employer. There are some narrow exceptions. In particular, an employer is allowed to ask a question that is necessary:





• to establish whether reasonable adjustments are needed to the application process; 





• to establish whether the candidate can carry out a function intrinsic to the role after reasonable adjustments; 





• to monitor diversity, in which case, information should be anonymised and kept separate from the main application process (see also Chapter 15: Data protection); and




• to support positive action for disabled people.





A job offer can be made conditional on a successful health check. However, employers who reject a candidate because they suspect they might be disabled (including a progressive disability, see page 212) are likely to engage in disability discrimination. 



A disabled person is not obliged to volunteer information about their condition to their employer but if they do not, they may lose protection under the EA 10, including the chance to ask for reasonable adjustments. Many specialist charities offer advice on disclosing a medical condition, including who best to disclose it to and on what basis. Workplace reps can also play an important role. 


A worker who has disclosed details of their condition should keep a careful record. Information about health is “special category data” under the General Data Protection Regulation, The employer owes specific legal obligations, including a duty of confidentiality (see Chapter 15: Data protection).



For more information on what employers can and cannot ask during recruitment, see Chapter 3: Starting work and the employment contract.