Is there a legal requirement for an employer to provide a job description for each job vacancy?
Are there any circumstances in which an employer can specify the required race, gender, sexual orientation, religion or age of job applicants?
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?
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?
Yes, there are certain defined exceptions in the
Equality Act 2010, known as occupational requirements.
These, broadly, apply when a job can be performed effectively only by someone with a particular protected characteristive, eg either a man or a
woman, a person of a specific racial or religious group, a person of a
particular sexual orientation, a disabled person or a person of a particular age group.
To rely on the exception, the employer must show that, having regard to the nature or context of the work, having the particular protected characteristic is an occupational requirement and that the application of the requirement is a proportionate means of achieving a legitimate aim.
For example, the Equality and Human Rights Commission, in the Employment statutory code of practice (PDF format, 1.09MB) (on the EHRC website), states that "a women’s refuge which lawfully provides services to women only can apply a requirement for all members of its staff to be women".
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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