Can an employer be held liable if an unsuccessful applicant provides evidence that he or she may have been discriminated against during an interview?

If, at interview, a job applicant is subjected to questions that have an underlying discriminatory impact, or gains the overall impression that he or she is being treated less favourably because of sex, gender reassignment, marriage or civil partnership status, pregnancy, race, religion or belief, sexual orientation, age or disability, the employer may ultimately face a complaint of unlawful discrimination at an employment tribunal.

Where the applicant is able to prove facts from which the tribunal could conclude that the employer discriminated, the burden of proof shifts to the employer to prove that it did not discriminate. In practice, this means that if the employer cannot provide a credible, non-discriminatory explanation for its actions, the tribunal will uphold the complaint.