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You are currently viewing: Frequently Asked Questions > Topics

Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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Click to show the answer Should employers always appoint the applicant with the highest level of qualifications to a post?

Click to show the answer When selecting for a position can an employer operate a positive disability discrimination policy?

Click to show the answer In what circumstances can an employer lawfully reject a disabled job applicant for reasons of his or her disability?

Click to show the answer Can an employer legitimately reject a disabled job applicant on the grounds of the costs/disruption to its organisation?

Click to show the answer Are there any risks attached to asking job candidates about the number of days' sickness absence they have had in the past year?

Click to show the answer Can an employer reject a pregnant job applicant on grounds such as health and safety, the applicant's initial inability to take up the post and any cost implications therein?

Click to show the answer Where a job applicant is currently on maternity leave and would not wish to start the new role until the end of her maternity leave can the potential employer reject her application for this reason?

Click to show the answer Can a job applicant be rejected for employment on the grounds that he or she is, or is not, a member of a trade union?

Click to show the answer Can an employer reject an applicant for a maternity leave cover role on the basis that the applicant is herself pregnant and will not be able to work for the full cover period?

Click to show the answer Can an employer refuse to employ a candidate with a spent conviction?

Click to show the answer Are there any circumstances in which an employer has the right to refuse to employ someone with a spent conviction?

Click to show the answer Can a candidate be rejected on the basis of an unspent conviction?

Click to show the answer Can an employer reject candidates for employment on the basis that they smoke?

Click to show the answer Are employers obliged to inform unsuccessful job applicants of the reason for their rejection?

Click to show the answer Does an unsuccessful job applicant require concrete evidence to prove that he or she was discriminated against?

Click to show the answer What must an employer do with any records made during the selection process?

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