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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.
Should employers always appoint the applicant with the highest level of qualifications to a post? How do the positive action provisions in the Equality Act 2010 that relate to recruitment and promotion work? Are employers obliged to take positive action towards under-represented groups under the Equality Act 2010? In a recruitment or promotion situation, is an employer obliged to offer the position in question to a candidate with a protected characteristic that is under-represented? At what stage of the recruitment process should employers make the decision to take positive action? When selecting for a position can an employer operate a positive disability discrimination policy? In what circumstances can an employer lawfully reject a disabled job applicant for reasons of his or her disability? Can an employer legitimately reject a disabled job applicant on the grounds of the costs/disruption to its organisation? How is the obligation to make reasonable adjustments in the recruitment process affected by the rules on health enquiries? Are there any risks attached to asking job candidates about the number of days' sickness absence they have had in the past year? Can employers make conditional offers subject to health clearance and then withdraw an offer if the health requirement is not met? 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? 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? 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? 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? Should a hiring manager seek information about an internal candidate from his or her current line manager? Can an employer refuse to employ a candidate with a spent conviction? Are there any circumstances in which an employer has the right to refuse to employ someone with a spent conviction? Can a candidate be rejected on the basis of an unspent conviction? Can an employer reject candidates for employment on the basis that they smoke?