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.


Is there a legal requirement for an employer to provide a job description for each job vacancy?

How does a firm know if a job requires the holder to be an approved person?

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

In what circumstances could an employer's requirements and conditions of the job lead to claims of discrimination?


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.

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Can an employer stipulate an age limit for a job?

Is it permissible for an employer to specify that job applicants should have a clear spoken voice and good command of English?

Are there any circumstances in which an employer can insist on recruiting from a particular racial group?

Are there any circumstances in which an employer can insist on recruiting either a man or a woman?

Can an employer restrict a job to people of a particular sexual orientation?

Can an employer restrict a job to people of a particular religion or belief?

Are there any circumstances in which an employer can specify the required race, gender, sexual orientation, religion or age of job applicants?

What should an employer do when recruiting for a job that it believes will require a particular level of fitness or health?

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