In specifying the requirements for a job, what steps can an employer take to ensure that it is not liable to claims of indirect discrimination?



An employer must ensure that the requirements specified for candidates' qualifications, experience, skills, etc are carefully matched to the needs of the job. If a particular criterion or condition could potentially have a disproportionate adverse impact on people with a particular protected characteristic, the employer should check whether it is genuinely necessary for the effective performance of the job. For example, a requirement for candidates to hold a specific qualification from a UK institution could be indirect race discrimination as candidates of foreign nationality would be less likely to hold the qualification. The employer should consider whether it can justify the requirement or whether it could, for example, accept equivalent foreign qualifications.