Avoiding unintentional discrimination

It is often overlooked that rights to equal treatment don’t begin when an employee starts work. They start with the recruitment process, and even with the job advert. The right to equal treatment in the provision of services also covers advertising.

The Equality and Human Rights Commission has published new guides on advertising, for organisations who advertise jobs or services. They are written in plain English, and give helpful examples.

Have a look at the ECHR guidance, their ECHR Checklist and ECHR FAQ document.
The risk of a claim for discrimination through advertising may be small, but the costs of defending a claim may be significant. There have been examples of vexatious claimants who have brought claims based on discrimination on the job application process who have issued claims against multiple employers. Even where these have been struck out and the litigants barred from issuing more claims that has involved costs for employers which have rarely been recoverable.

As there are many claims about the UK being deluged with laws required to meet EC requirements we would point out that the Equality Act 2010 was a consolidating Act which helpfully out in one place laws introduced by the UK Parliament over the previous 40 years. Although it had the same goals as the EC Equal Treatment Directive 2006/54 that was a case of the EC catching up with UK law in the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three statutory instruments..